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But before ladies and gentlemen, I

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know it's a couple of minutes after seven,

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I just want to let you know that we've got a document that we're

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trying to get into the public record before the meeting.

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And so it'll just be a couple of minutes.

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So please go ahead.

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Covers Yeah.

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Yeah I'm one of the I know.

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I, I don't know about i don't know

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if they were lawyers I think it, I do.

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We don't get to know either One of Yeah, they they you know

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and they say.

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And so how many copies.

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Probably start with about the probably

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go from about more coming up clearing up you Yeah Yeah

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And I think to put a memo together.

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Yeah i'm gonna talk about the background yeah

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How I know what we're talking about our

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And it was in the past, you know.

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You know Richard I guess you could start with that.

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I go to whatever Oh, yeah.

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We printed out all the wildfire stuff,

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right through 47 or whatever.

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The first year i can very long for You and I Of that

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provides for financing for customers.

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Yeah I also like to I, I get that.

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I mean, that's what I have like, and that's One, you know.

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That's right.

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Yeah.

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Yeah, yeah Yeah, yeah.

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We have a software, right?

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Yeah I, I Yeah right, right, right.

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Every you in you got to ten years in a way

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to have got a ten days in the waiting

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like you know or you are working now.

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OK 90 one I don't know Oh listen.

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So, so this is my favorite time So I always All right.

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Good evening, ladies and gentlemen Hi.

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Thank you very much for your attention.

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Hello, and welcome to our regular city council meeting

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today, August 19, 2026.

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I'd like to call the meeting to order.

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And advise everyone that this meeting is being recorded

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and the recording will be made available on the city website.

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Would you please rise and join me

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in the Pledge of Allegiance I pledge allegiance

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to the flag of the United States of America

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and to the Republic for which it stands.

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One nation under God, indivisible,

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with liberty and justice for all Thank you for for it.

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Can you please proceed with the roll call

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and the required administrative members of the public

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may participate in this meeting in person

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at the location listed on the agenda or via remote attendance.

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Using the information listed on the agenda.

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Public attendees participating remotely

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are automatically muted and are not viewable on camera.

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I will now call the Roll Council member Aftab Present.

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Fitzsimons Present.

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Zell Present.

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Vice Mayor.

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While you present Mayor Page Present.

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We have a quorum and the agenda was posted on August 13.

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Thank you.

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Earlier this evening the city council

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held a closed session on conference with legal counsel,

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with regarding anticipated litigation.

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There is no reportable action from this meeting We also

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held a joint session with the Santa Clara County Sheriff's

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Office, and Captain Valenzuela will

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you please share a brief summary of your updates?

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Good evening, Mayor.

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Vice.

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Mayor.

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Council members.

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Captain.

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So with the sheriff's office.

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Thank you again for hosting us for a closed session.

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As you know, the sheriff was not able to attend,

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but we had Undersheriff Mike Doty, Lieutenant John Flowers,

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Sergeant Karlheinz and Sergeant Stephen Perotti

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and myself in attendance Sergeant Karlheinz

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and Sergeant Stephen Brody are part of our sheriff's emergency

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response team or a search team, which

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is our version of a Swat team.

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They provide the small short presentation

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that makes up our team, make up some of the selection process

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that they go to, the types of incidents they respond to,

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and then some of their equipment that they utilize.

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Additionally, I presented to the Council

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some of the types of calls that occur in Saratoga

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provided some information.

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Our response times and gave you a brief overview

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of crime statistics and the city.

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Thank you.

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Any comments from the council?

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Thank you very much, Captain.

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Thank you.

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Your and your team service to us.

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Up, we have oral communications on non agenda items.

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This is an opportune city.

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And we invite any member of the public

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to speak on any item that is not on tonight's agenda

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The council is typically prohibited from addressing

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or answering any questions raised during that time

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but we may give some direction to staff regarding that.

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So if there's any speakers, please call them up,

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and then we go from there.

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If you would like to address the city council on an item

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and not on the agenda, and you have not submitted a speaker's

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slip, now is the time to do so.

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Our first speaker is Bill Dalton Good evening, Mayor, Vice Mayor

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and council members.

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My comments tonight relate to the vacant assistant city

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manager position.

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And the city budget.

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It's my contention the vacant position should not

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be filled for certain for sure.

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Certainly not until we resolved the city's budget budget issue.

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And maybe never the city's operated several times

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in the past without an assistant city manager.

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Most recently since Matt Morley left

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and Leslie was promoted to acting city manager.

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Before that, when Crystal left, until Leslie

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was hired to take her place So I ask that the position not

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be filled.

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Maybe never.

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I thank you for your time and service.

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Thanks, Bill Next is Jackie Holmes

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To do you need to How about now?

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Great.

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Yes.

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So I know it's a busy night.

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I wanted to share for something that is an immediate action

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item.

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We're requesting that staff be directed on.

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We have a major enforcement issue

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with our zoning code It's harming the vibrant village

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that we want.

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We're asking for this action.

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Members of the Saratoga Vitality Neighbors

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have brought up before the need for critical mass

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in the village, critical mass of varied businesses

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and of pedestrians, shopping and dining.

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I know you all know that I'm mentioning it

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for all the people watching as well.

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Foot traffic makes the village attractive to new businesses

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and keeps existing businesses alive and able

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to invest in the community That is

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why it is common best practice for zoning

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to require that ground floor storefronts are active foot

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traffic oriented retail and dining businesses.

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The good news is our general plan, our village design

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standards and our municipal code all specify that.

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We're very happy about that.

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However, the enforcement issue is

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that that is not being enforced, that many building owners who

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are very good people.

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I'm sure, and in some cases, I know

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have rented ground floor storefronts

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without a conditional use permit allowing

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them to do so to offices, which do not fit that criteria.

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I would like us to address that enforcement

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It becomes more complicated when a tenant is in place.

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It's still not impossible, but it's more complicated right now.

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There's one specific storefront with a beautiful patio,

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a prime aspect of our village.

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It is next to pop house.

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And I would request that council direct staff

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to take proactive conversations with the landlord

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to discuss what our municipal code is so that someone doesn't

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come in non-conforming.

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And then we all shrug her shoulders

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and say, What can we do there?

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Already settled in.

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What we can do is speak in advance.

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That's my request.

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There is a business private office

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non conforming right next door with a beautiful patio that

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sits empty Again, I have nothing personal about that business,

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but it does not conform.

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It does not support good urban planning

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of active use, pedestrian traffic and businesses.

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So we would ask again, that council speak with staff

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about taking action.

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Saratoga vitality Neighbors.

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If anyone has any questions as can

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be reached at Saratoga Vitality at gmail.com.

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We have 467 people who are on that list

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and engaging in different levels,

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and we're trying to support our businesses.

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Is the energy and the community that we all talk about wanting.

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Thank you so much.

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Thank you, Jackie.

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Next is Gloria Keough Hello Hi, everyone.

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Good evening.

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I echo Jackie's concerns, especially

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for those two beautiful spots down at the end.

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Next to Pop house.

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Those are allowing that office to take that spot was a crime.

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I don't know who allowed that.

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How that if it has a conditional use permit or if not,

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I don't know how that happened.

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But we live in California Beautiful weather.

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We should be sitting outside and enjoying the weather,

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enjoying a drink.

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Food.

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And we have an office.

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Why is that?

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We have rules don't we?

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Let's follow them.

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That's all.

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Thank you.

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Thank you.

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All.

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You This is self.

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It's for someone who lives on Ronnie.

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So My name is a fraction.

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I'm a resident And the taxpayers.

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I'm here to because our community has

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reached a point here where we need

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help from a city of Saratoga.

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What's really coming to college district

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is moving forward with a wellness center,

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which is a large the footprint structure.

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One of the largest corporate structure in our entire city,

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using funds from the Major W about $125 million.

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This is a large fund and build on the track field, which

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is in the western valley where Major W was

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a presented to all of us.

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The major purpose was a presented.

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I ran to prepare students for 21st century careers,

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including stamps, nursing, health care,

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and veterinary retreat, which we can all go to Look

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at the replacing of the SLA track was mentioned,

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but only as a support item.

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Amanda So item in the funding resident

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has therefore asking for basically accountability

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questions.

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How does this a major awareness center project at this location,

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at this scale, 50 was in the party

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that a voter was asked to support, approve.

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We have not been silent So many of our residents

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have attended the last the three board meeting

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to the trust the meetings ask the district to answer.

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And that dialogue instead the project was to move the rapidly.

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The track is proximity 50 years old.

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The demolishing that case order, etc.

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facility necessary means disturbing existing service

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and the underlying the lying the soil

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drainage and the potentially and aging infrastructure

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We are here ask a simple question.

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What environmental testing and the construction control

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was performed.

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Therefore, this site was disturbed

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and the world that information be made public residents

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should have what assessment.

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There has been done regarding dust runoff construction

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impact and the material being removed We are asking the city

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and council.

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And the city attorney to help to ensure

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that a major public project affecting many of the Saratoga

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resident proceeded was a transparent state Accountability

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and a proper environmental diligence.

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Thank you for your help.

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Thank you, Frank.

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Is Matt Borden Hello again.

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I'm also going to talk about the track.

269
00:22:08,403 --> 00:22:11,373
This is if you're not aware, the West Valley track

270
00:22:11,373 --> 00:22:14,613
was closed on Thursday and they ceremonially

271
00:22:14,613 --> 00:22:17,763
ripped up 40 yards of it to justify putting up the fence

272
00:22:17,763 --> 00:22:19,530
without any public notice.

273
00:22:19,530 --> 00:22:20,551
And within and in.

274
00:22:20,551 --> 00:22:22,466
Keep keeping it as quiet as possible.

275
00:22:22,466 --> 00:22:24,141
West Valley Mission Board of Trustees.

276
00:22:24,141 --> 00:22:25,817
They managed to pull this off.

277
00:22:25,817 --> 00:22:27,971
And this whole issue, in my opinion,

278
00:22:27,971 --> 00:22:30,364
comes down to two words and six pages of bonds

279
00:22:30,364 --> 00:22:32,673
W literature the two words bracketed by commas

280
00:22:32,673 --> 00:22:34,563
are track replacement.

281
00:22:34,563 --> 00:22:37,623
And a problem is that the West Valley Mission Board of Trustees

282
00:22:37,623 --> 00:22:39,562
is asking these two words to do too much.

283
00:22:39,562 --> 00:22:41,854
And even reasonable person would take track replacement

284
00:22:41,854 --> 00:22:43,964
to mean resurfacing the track, which is what

285
00:22:43,964 --> 00:22:45,371
happened from time to time.

286
00:22:45,371 --> 00:22:47,793
But they asked me to believe the track replacement really

287
00:22:47,793 --> 00:22:51,483
means replacing the track and destroying it.

288
00:22:51,483 --> 00:22:54,330
What they and all the voters for some reason

289
00:22:54,330 --> 00:22:56,493
approve that the destruction of this track,

290
00:22:56,493 --> 00:22:59,730
the measure bond, the measure W bond language

291
00:22:59,730 --> 00:23:00,363
does not support this.

292
00:23:00,363 --> 00:23:01,581
This line of thinking.

293
00:23:01,581 --> 00:23:03,123
This violates the plain meaning rule,

294
00:23:03,123 --> 00:23:04,923
the baseline rule that words in a statute

295
00:23:04,923 --> 00:23:08,133
should be read according to their ordinary everyday meaning

296
00:23:08,133 --> 00:23:10,773
rather than stretch to accommodate outside goals.

297
00:23:10,773 --> 00:23:12,273
Furthermore, as Frank mentioned this

298
00:23:12,273 --> 00:23:14,493
is the largest structure on their campus

299
00:23:14,493 --> 00:23:16,503
and will be the largest building in the city.

300
00:23:16,503 --> 00:23:20,583
Potentially directly on top of this, this athletic site

301
00:23:20,583 --> 00:23:24,485
this track, the college recently pivoted to this location

302
00:23:24,485 --> 00:23:25,923
in late 2025.

303
00:23:25,923 --> 00:23:29,223
And because of this late pivot and Rush timeline,

304
00:23:29,223 --> 00:23:30,813
they completely bypassed the project

305
00:23:30,813 --> 00:23:32,703
specific environmental impact report

306
00:23:32,703 --> 00:23:35,133
that is required under call under the California

307
00:23:35,133 --> 00:23:36,753
Environmental Quality Act.

308
00:23:36,753 --> 00:23:39,303
So I'm asking the city Council to do two things.

309
00:23:39,303 --> 00:23:43,230
First, as representative of the taxpayers who voted to approve,

310
00:23:43,230 --> 00:23:45,783
measure W, can you reach out to the Michigan College

311
00:23:45,783 --> 00:23:47,752
Board of Trustees and demand accountability

312
00:23:47,752 --> 00:23:50,508
for why they chose to misread the measure?

313
00:23:50,508 --> 00:23:51,427
W language.

314
00:23:51,427 --> 00:23:56,827
And so misuse the $698 million of bond funds appropriated.

315
00:23:57,243 --> 00:23:59,523
They have blown off similar requests from the public,

316
00:23:59,523 --> 00:24:01,563
from and from many of the citizens,

317
00:24:01,563 --> 00:24:04,149
and they feel they only have to answer to the bond oversight

318
00:24:04,149 --> 00:24:05,941
committee, which they themselves appointed.

319
00:24:05,941 --> 00:24:08,562
I believe that you might have a little bit more luck.

320
00:24:08,562 --> 00:24:11,619
And you can do a good job of representing us in this regard.

321
00:24:11,619 --> 00:24:14,343
Second, I would like to direct the city attorney

322
00:24:14,343 --> 00:24:18,723
to review the college's sikua, the college fornia Environmental

323
00:24:18,723 --> 00:24:21,153
Quality Act avoidance and pass an emergency

324
00:24:21,153 --> 00:24:23,973
resolution demanding an immediate halt to all site

325
00:24:23,973 --> 00:24:26,523
disturbances until a comprehensive environmental and

326
00:24:26,523 --> 00:24:30,213
toxicological studies are conducted and made public

327
00:24:30,213 --> 00:24:33,630
as an interested party representing the community.

328
00:24:33,630 --> 00:24:35,493
The City of Saratoga has the legal standing

329
00:24:35,493 --> 00:24:40,293
to challenge the college's secure exemptions Thank you.

330
00:24:41,283 --> 00:24:43,283
Thank you, Matt.

331
00:24:45,213 --> 00:24:50,130
Next is Stan Boghosian Can you hear me?

332
00:24:59,983 --> 00:25:00,483
Yep.

333
00:25:00,483 --> 00:25:04,173
Yes, I got a question that probably

334
00:25:04,173 --> 00:25:07,743
would like to ask if you would refer to your IT person

335
00:25:07,743 --> 00:25:09,743
on staff.

336
00:25:11,730 --> 00:25:14,223
I have been getting blocked from the city website.

337
00:25:14,223 --> 00:25:19,230
I have a VPN service and I've tested

338
00:25:19,593 --> 00:25:24,500
it to see if it's, in fact, not running or whatever.

339
00:25:24,500 --> 00:25:28,610
I've gone through all of the tests and sometimes I'm blocked,

340
00:25:28,610 --> 00:25:29,398
sometimes I'm not.

341
00:25:29,398 --> 00:25:33,213
And when I was blocked, I decided

342
00:25:33,213 --> 00:25:36,633
to go to one of the commercial sites that I know blocks me.

343
00:25:36,633 --> 00:25:38,643
If I don't have My own address down.

344
00:25:38,643 --> 00:25:41,283
It's a commercial that a lot of commercial sites track.

345
00:25:41,283 --> 00:25:44,403
I just want to make sure that the city isn't tracking people.

346
00:25:44,403 --> 00:25:47,733
That's all it's got to be easy access.

347
00:25:47,733 --> 00:25:48,454
Thank you.

348
00:25:48,454 --> 00:25:50,454
Thank you, Stan.

349
00:25:51,663 --> 00:25:54,333
I have no more speakers, so it's okay.

350
00:25:54,333 --> 00:25:56,895
Is there anyone else here that would like to come forward?

351
00:25:56,895 --> 00:25:57,724
See?

352
00:25:57,724 --> 00:25:58,553
None.

353
00:25:58,553 --> 00:26:00,624
Thank you very much.

354
00:26:00,624 --> 00:26:03,938
Is there any direction, the staff.

355
00:26:03,938 --> 00:26:07,143
OK Then we'll move on to.

356
00:26:07,143 --> 00:26:10,473
So a couple of announcements that we've got.

357
00:26:10,473 --> 00:26:14,853
First, I'd like to invite folks to join me at the pop House

358
00:26:14,853 --> 00:26:17,733
Coffee, which was talked about a little bit ago at 14 six,

359
00:26:17,733 --> 00:26:22,571
12 Big Basin Way this Friday August 21st, from 9 to 10.

360
00:26:22,571 --> 00:26:24,678
This is coffee with the mayor.

361
00:26:24,678 --> 00:26:27,387
It's an opportunity to share your thoughts and questions

362
00:26:27,387 --> 00:26:28,591
with the mayor.

363
00:26:28,591 --> 00:26:31,719
We have a usually a kind of a nice group of people.

364
00:26:31,719 --> 00:26:34,706
And we try not to overdo the conversation with any one topic,

365
00:26:34,706 --> 00:26:36,773
but get a lot of ideas in there.

366
00:26:36,773 --> 00:26:38,973
And then i can do some follow up later.

367
00:26:38,973 --> 00:26:41,523
So come enjoy some coffee conversation.

368
00:26:41,523 --> 00:26:44,523
A great new location in the village and that's

369
00:26:44,523 --> 00:26:47,523
help another business person succeed.

370
00:26:48,153 --> 00:26:51,813
Next up, I'd like to invite everyone to our 70th birthday

371
00:26:51,813 --> 00:26:52,983
celebration.

372
00:26:52,983 --> 00:26:54,933
Gather your friends, your family It's

373
00:26:54,933 --> 00:26:59,103
going to be a great party at Wildwood Park on Saturday,

374
00:26:59,103 --> 00:27:00,813
starting around noon with the musical.

375
00:27:00,813 --> 00:27:02,480
Actually start a little bit before that.

376
00:27:02,480 --> 00:27:04,983
Well, people are walking in We'll

377
00:27:04,983 --> 00:27:09,183
have live music from Marc Keyboard and his brother

378
00:27:09,183 --> 00:27:11,553
and then the headliner is Days on the Green.

379
00:27:11,553 --> 00:27:14,470
If anybody knows them, they're a wonderful band.

380
00:27:14,470 --> 00:27:15,630
They play some great music.

381
00:27:15,630 --> 00:27:18,796
And I think you'll have to make sure you got your dancing

382
00:27:18,796 --> 00:27:19,587
shoes on.

383
00:27:19,587 --> 00:27:21,130
There'll be some family friendly,

384
00:27:21,130 --> 00:27:23,180
friendly activities hosted by the Los Gatos Saratoga

385
00:27:23,180 --> 00:27:24,957
Recreation Group, a petting zoo.

386
00:27:24,957 --> 00:27:26,733
I was at the park today.

387
00:27:26,733 --> 00:27:29,525
And this little guy comes up because what kind of animals

388
00:27:29,525 --> 00:27:30,663
are going to get?

389
00:27:30,663 --> 00:27:31,988
What what do you bring in?

390
00:27:31,988 --> 00:27:33,738
He said, I'm not bringing my cat because I

391
00:27:33,738 --> 00:27:35,163
don't have one anymore.

392
00:27:35,163 --> 00:27:37,383
But there's going to be lots of cool things

393
00:27:37,383 --> 00:27:40,353
to do There'll be some food trucks and are beer

394
00:27:40,353 --> 00:27:42,723
and wine will also be available for purchase sponsored

395
00:27:42,723 --> 00:27:45,693
by the Saratoga Chamber of Commerce.

396
00:27:45,693 --> 00:27:48,300
So this community event is a chance

397
00:27:48,300 --> 00:27:51,300
to create lasting memories to really enjoy our city

398
00:27:51,300 --> 00:27:54,183
and celebrate the seven years that we've been in existence

399
00:27:54,183 --> 00:27:57,170
and did not become partisan Jose Although based on some

400
00:27:57,170 --> 00:27:59,979
of the things on our agenda, you know, you know, we don't

401
00:27:59,979 --> 00:28:01,163
know what's going to happen.

402
00:28:01,163 --> 00:28:02,940
So I welcome you all to join us.

403
00:28:02,940 --> 00:28:05,973
It's going to be a good time And then

404
00:28:05,973 --> 00:28:07,713
last of all, commission openings,

405
00:28:07,713 --> 00:28:11,433
we do have some openings in our commissions, the parks and Rec

406
00:28:11,433 --> 00:28:14,613
Commission, library and Public Arts Commission, the Heritage

407
00:28:14,613 --> 00:28:18,363
Preservation Commission and the Traffic Safety Commission.

408
00:28:18,363 --> 00:28:21,423
Applications are due for the Parks and Recreation

409
00:28:21,423 --> 00:28:24,243
and the Library and Public Arts Commission this Friday,

410
00:28:24,243 --> 00:28:25,194
August 21.

411
00:28:25,194 --> 00:28:27,414
And the HPC, The Heritage Preservation

412
00:28:27,414 --> 00:28:29,380
and the Traffic Safety commissions

413
00:28:29,380 --> 00:28:32,380
are due in on January 22, 2027.

414
00:28:32,236 --> 00:28:35,790
So if you're interested in getting involved with the city

415
00:28:35,790 --> 00:28:38,253
and helping to shape Saratoga future

416
00:28:38,253 --> 00:28:39,963
this is an opportunity we welcome

417
00:28:39,963 --> 00:28:44,853
you to apply and spend some time and contribute to the city.

418
00:28:44,853 --> 00:28:47,883
The applications and whatnot are on the search to the website

419
00:28:47,883 --> 00:28:50,283
Saratoga Dot C8 US.

420
00:28:50,733 --> 00:28:55,293
Any council members have any announcements you'd like to make

421
00:28:55,293 --> 00:28:55,923
?

422
00:28:55,923 --> 00:28:58,923
Seeing none, we'll move forward.

423
00:28:59,193 --> 00:29:02,433
Our first item tonight is a ceremonial item.

424
00:29:02,433 --> 00:29:07,530
We're going to recognize the recipients of the 2026

425
00:29:07,530 --> 00:29:09,530
Annual Community Awards.

426
00:29:09,213 --> 00:29:11,553
These are awards given every year

427
00:29:11,553 --> 00:29:14,698
for outstanding service, dedication, and contributions

428
00:29:14,698 --> 00:29:16,470
to the Saratoga community.

429
00:29:16,470 --> 00:29:18,950
Well, will Captain Matthew Freeman,

430
00:29:18,950 --> 00:29:22,743
Deputy Alexander package cody Link is more must look

431
00:29:22,743 --> 00:29:24,633
and Tyler Taylor in the sassy team.

432
00:29:24,633 --> 00:29:27,573
Please join me on stage and we're going to do

433
00:29:27,573 --> 00:29:35,373
is going to have you all come up big claus uh i never

434
00:30:52,403 --> 00:30:53,702
could do that.

435
00:30:53,702 --> 00:30:57,501
So I'm jealous already each year the Santa Clara County Fire

436
00:30:57,501 --> 00:30:59,657
Department nominates a member of its department

437
00:30:59,657 --> 00:31:01,505
to be recognized for outstanding service

438
00:31:01,505 --> 00:31:03,661
to the Saratoga community this year,

439
00:31:03,661 --> 00:31:07,803
we are honored to recognize fire Captain Matthew Freeman, who's

440
00:31:07,803 --> 00:31:11,943
dedicated more than two decades to serving our community.

441
00:31:11,943 --> 00:31:14,643
Most of you don't know this, but Captain Freeman's connection

442
00:31:14,643 --> 00:31:19,473
to Saratoga began in 2001 as a paid call firefighter

443
00:31:19,473 --> 00:31:21,573
fighter with the Saratoga Fire District.

444
00:31:21,573 --> 00:31:23,667
I barely remember that, Don't you?

445
00:31:23,667 --> 00:31:24,171
Yeah.

446
00:31:24,171 --> 00:31:25,179
There you go.

447
00:31:25,179 --> 00:31:26,691
He became a career firefighter.

448
00:31:26,691 --> 00:31:27,699
The following year.

449
00:31:27,699 --> 00:31:30,930
He went on to earn his paramedic credentials

450
00:31:30,930 --> 00:31:33,630
and was promoted to fire captain in 2019.

451
00:31:33,630 --> 00:31:36,630
And today leads his crew from the downtown Saratoga Fire

452
00:31:36,630 --> 00:31:38,613
station Beyond his daily service,

453
00:31:38,613 --> 00:31:40,665
Captain Freeman has shared his expertise

454
00:31:40,665 --> 00:31:44,340
in areas including rope, rescue, vehicle stabilization

455
00:31:44,340 --> 00:31:46,654
and extra caution, while also helping

456
00:31:46,654 --> 00:31:49,969
to train the next generation of firefighters.

457
00:31:49,969 --> 00:31:53,351
Captain Freeman's dedication, leadership, and commitment

458
00:31:53,351 --> 00:31:55,887
to the Saratoga community truly exemplify

459
00:31:55,887 --> 00:31:57,783
the spirit of this award.

460
00:31:57,783 --> 00:32:00,873
Please join me in recognizing fire Captain Matthew

461
00:32:00,873 --> 00:32:05,730
Freeman as our 2026 firefighter of the year.

462
00:32:06,423 --> 00:32:08,423
Thank you.

463
00:32:12,153 --> 00:32:14,668
Yeah, You want to you want to say a couple of words first?

464
00:32:14,668 --> 00:32:15,475
All right.

465
00:32:15,475 --> 00:32:17,900
I'll hold on a second.

466
00:32:17,900 --> 00:32:18,704
Never give up an opportunity.

467
00:32:18,704 --> 00:32:19,781
Hold the Mike.

468
00:32:19,781 --> 00:32:22,893
I think my crew knows this very well.

469
00:32:22,893 --> 00:32:26,313
First, I just wanted to thank the city council for this award.

470
00:32:26,313 --> 00:32:29,430
It's been an honor to serve the Saratoga community for a better

471
00:32:29,430 --> 00:32:30,686
part of 24 years.

472
00:32:30,686 --> 00:32:32,853
I've had the opportunity to meet some amazing people

473
00:32:32,853 --> 00:32:34,533
in our community throughout my career,

474
00:32:34,533 --> 00:32:36,783
including our own mayor and vice mayor,

475
00:32:36,783 --> 00:32:40,663
as they've come through the station I want to say thank you

476
00:32:40,663 --> 00:32:42,523
to County Fire for the nomination

477
00:32:42,523 --> 00:32:44,693
and our fire chiefs for their leadership

478
00:32:44,693 --> 00:32:46,553
in providing opportunities for growth.

479
00:32:46,553 --> 00:32:48,694
I have to recognize my crew sitting.

480
00:32:48,694 --> 00:32:51,174
All right, here in the front, two rows here

481
00:32:51,174 --> 00:32:54,329
that has been so rewarding for me to come to work each tour.

482
00:32:54,329 --> 00:32:56,523
And thank you for the friendship and the support

483
00:32:56,523 --> 00:32:58,396
that you've given me.

484
00:32:58,396 --> 00:33:00,813
I actually want to say thank you to the Santa Clara County

485
00:33:00,813 --> 00:33:02,276
Sheriff's Office.

486
00:33:02,276 --> 00:33:03,693
It's been an honor and a privilege

487
00:33:03,693 --> 00:33:07,293
to work alongside you Thank you.

488
00:33:07,353 --> 00:33:09,483
Your professionalism and customer service

489
00:33:09,483 --> 00:33:11,823
to provide the community is immeasurable.

490
00:33:11,823 --> 00:33:13,323
It's been an honor.

491
00:33:13,323 --> 00:33:16,413
Lastly I want to thank my wife for supporting

492
00:33:16,413 --> 00:33:17,943
me every step of the way.

493
00:33:17,943 --> 00:33:20,553
We spent more than half of our lives support apart,

494
00:33:20,553 --> 00:33:24,603
and when I come home, you let me ramble on about forcible entry,

495
00:33:24,603 --> 00:33:29,403
rope, rescue, firefighting strategies and surfing, no less.

496
00:33:29,583 --> 00:33:33,183
Again, you're the amazing city council.

497
00:33:34,189 --> 00:33:38,989
Thank you for the recognition and thank you.

498
00:33:39,190 --> 00:33:42,453
And now we'll we'll get a couple of photos

499
00:33:42,453 --> 00:33:47,853
and also stay up here for a second OK?

500
00:33:58,733 --> 00:33:59,534
All right.

501
00:33:59,534 --> 00:34:02,737
We got the Q. Thank you so much, Governor.

502
00:34:02,737 --> 00:34:04,720
Thank you for taking.

503
00:34:04,720 --> 00:34:04,873
Thank you.

504
00:34:04,873 --> 00:34:06,873
Yeah All right.

505
00:34:16,743 --> 00:34:18,213
Next up, we're going to recognize

506
00:34:18,213 --> 00:34:19,473
the deputy of the year.

507
00:34:19,473 --> 00:34:23,763
So will Deputy Alexander Rockets please join us up here

508
00:34:23,763 --> 00:34:26,163
in front of Center?

509
00:34:28,443 --> 00:34:34,126
But I say, I always have to check if I got the name spelled.

510
00:34:34,126 --> 00:34:37,102
Sounded correctly each year, the Santa Clara County Sheriff's

511
00:34:37,102 --> 00:34:39,185
Office nominates a member of its department

512
00:34:39,185 --> 00:34:41,245
to be recognized for outstanding service

513
00:34:41,245 --> 00:34:44,650
again to the Saratoga community this year,

514
00:34:44,650 --> 00:34:47,238
we're pleased to recognize Deputy Alexander Rockets, who

515
00:34:47,238 --> 00:34:50,643
has served as a patrol deputy with the West Valley Patrol

516
00:34:50,643 --> 00:34:53,103
Division for the past five years.

517
00:34:53,103 --> 00:34:57,930
Deputy Rocket has consistently demonstrated an exceptional work

518
00:34:57,930 --> 00:35:01,830
ethic professionalism and a team first approach

519
00:35:01,830 --> 00:35:02,973
during a particularly demanding year.

520
00:35:02,973 --> 00:35:05,643
When the sheriff's office provided significant staffing

521
00:35:05,643 --> 00:35:10,230
support for both the NFL's Super Bowl and the FIFA World Cup.

522
00:35:10,230 --> 00:35:14,343
And apparently on Saturday for the Saratoga 70th birthday party

523
00:35:14,343 --> 00:35:16,773
here remain committed to providing high quality law

524
00:35:16,773 --> 00:35:19,113
enforcement services to Saratoga.

525
00:35:19,113 --> 00:35:22,353
Deputy Rockets also serves as an operator with the sheriff's

526
00:35:22,353 --> 00:35:25,953
office Sheriff's office, unmanned Aerial System,

527
00:35:26,430 --> 00:35:29,253
a program using drone technology to provide

528
00:35:29,253 --> 00:35:32,430
critical aerial support during incidents

529
00:35:32,430 --> 00:35:35,163
and responding to everything from a medical emergency

530
00:35:35,163 --> 00:35:38,133
and critical incidents to the fraud investigations and welfare

531
00:35:38,133 --> 00:35:38,883
checks.

532
00:35:38,883 --> 00:35:41,393
He is known for his calm demeanor, empathy,

533
00:35:41,393 --> 00:35:44,133
and his respect for those he serves.

534
00:35:44,133 --> 00:35:47,215
He's also achieved perfect attendance for the last two

535
00:35:47,215 --> 00:35:49,623
years, demonstrating an exceptional commitment

536
00:35:49,623 --> 00:35:50,613
to his duties.

537
00:35:50,613 --> 00:35:54,783
Please join me in recognizing Deputy Alex Rockets as our 2020

538
00:35:54,783 --> 00:35:59,583
sixth Deputy of the Year And so you

539
00:36:03,206 --> 00:36:06,488
want to say a couple of words a thank you

540
00:36:06,488 --> 00:36:09,153
to the city council of Saratoga.

541
00:36:09,153 --> 00:36:14,403
I'd like to accept this award on behalf of the men and women

542
00:36:14,403 --> 00:36:16,473
with whom I have the privilege of serving

543
00:36:16,473 --> 00:36:20,730
every day as a deputy sheriff.

544
00:36:21,273 --> 00:36:24,903
The work we do is never accomplished alone

545
00:36:24,903 --> 00:36:30,903
Every call, every challenge, every success is a team effort.

546
00:36:32,693 --> 00:36:36,893
And i'm honored to share this award

547
00:36:36,903 --> 00:36:41,103
with my family, my colleagues and everyone

548
00:36:42,363 --> 00:36:44,403
who supports us along the way.

549
00:36:44,403 --> 00:36:46,448
Thank you very much.

550
00:36:46,448 --> 00:36:47,730
You're welcome.

551
00:36:47,730 --> 00:36:51,273
Well-deserved And now it's photo time Congratulations.

552
00:37:12,520 --> 00:37:16,683
Second from the city, Saratoga City Hall right now

553
00:37:16,683 --> 00:37:22,830
is the safest place to be in this county.

554
00:37:22,830 --> 00:37:23,700
With Cody Sterling.

555
00:37:23,700 --> 00:37:27,870
Please come forward So the Chamber of Commerce

556
00:37:31,473 --> 00:37:33,693
every year recognizes an outstanding member

557
00:37:33,693 --> 00:37:35,853
of our business community whose work

558
00:37:35,853 --> 00:37:38,673
goes beyond their profession to help strengthen and promote

559
00:37:38,673 --> 00:37:39,783
Saratoga.

560
00:37:39,783 --> 00:37:43,323
This year's honoree, Cody Turley is an accomplished realtor

561
00:37:43,323 --> 00:37:45,183
with Compass Silicon Valley.

562
00:37:45,183 --> 00:37:49,143
But its connection to Saratoga goes far beyond his career.

563
00:37:49,143 --> 00:37:51,823
Born and raised in Saratoga I understand

564
00:37:51,823 --> 00:37:55,943
in a little room in your house, Cody takes great pride

565
00:37:55,943 --> 00:37:58,300
in helping people discover our community

566
00:37:58,300 --> 00:38:01,653
and helping long time residents achieve their real estate goals.

567
00:38:01,653 --> 00:38:04,203
His professional success is also impressive,

568
00:38:04,203 --> 00:38:08,313
with Cody and his team ranking among the top 1.5% of realtors

569
00:38:08,313 --> 00:38:11,343
in Saratoga, according to Real trends.

570
00:38:11,343 --> 00:38:13,773
Cody has a deep commitment to giving back.

571
00:38:13,773 --> 00:38:16,773
In 2019, when he was recognized by the mayor,

572
00:38:16,773 --> 00:38:19,263
then as Volunteer of the Year and he's

573
00:38:19,263 --> 00:38:22,173
continued to be an enthusiastic supporter of Saratoga

574
00:38:22,173 --> 00:38:24,300
events and organized sessions.

575
00:38:24,300 --> 00:38:27,903
He co-founded the Saratoga Classic and Cool Car Show

576
00:38:27,903 --> 00:38:30,573
and has supported the stroke.

577
00:38:30,573 --> 00:38:32,853
Andy Kane, Village Music in the Park

578
00:38:32,853 --> 00:38:35,283
and the Village Scarecrow event He's also

579
00:38:35,283 --> 00:38:38,430
helped raise thousands of dollars for the cancer care

580
00:38:38,430 --> 00:38:40,173
point for several years by lending

581
00:38:40,173 --> 00:38:44,430
his talents as an auctioneer at their events.

582
00:38:44,430 --> 00:38:46,473
Cody's energy enthusiasm and dedication

583
00:38:46,473 --> 00:38:49,353
to promoting Saratoga make him a wonderful example of what

584
00:38:49,353 --> 00:38:52,503
it means to be a community minded businessperson.

585
00:38:52,503 --> 00:38:57,903
We congratulate you, Cody, and thank you very much

586
00:39:01,359 --> 00:39:06,159
One of the most where you want to

587
00:39:08,733 --> 00:39:12,153
So I don't want to give a realtor the mic.

588
00:39:12,153 --> 00:39:14,675
I just want to say I'm honored to receive this.

589
00:39:14,675 --> 00:39:17,343
Thank you so much, Chuck.

590
00:39:17,343 --> 00:39:20,779
And to all the city council members as well.

591
00:39:20,779 --> 00:39:22,173
I love Saratoga.

592
00:39:22,173 --> 00:39:23,566
Saratoga at heart.

593
00:39:23,566 --> 00:39:24,960
Uh, go.

594
00:39:24,960 --> 00:39:26,600
Saratoga High.

595
00:39:26,600 --> 00:39:31,263
Say yes And it's just a pleasure to be in this community

596
00:39:31,263 --> 00:39:33,963
and to meet the people here and to help people move in

597
00:39:33,963 --> 00:39:36,903
and introduce them to what Saratoga really

598
00:39:36,903 --> 00:39:38,463
is, what it means.

599
00:39:38,463 --> 00:39:41,643
And the beautiful community that we have here.

600
00:39:41,643 --> 00:39:46,503
And so thank you so much again And yes, that's

601
00:39:46,503 --> 00:39:52,503
Joe Toga Next up is our Citizen of the Year.

602
00:40:22,803 --> 00:40:24,330
Well, it's marmots.

603
00:40:24,330 --> 00:40:27,633
Please come on up each year.

604
00:40:31,308 --> 00:40:33,303
Again, the Chamber of Commerce recognizes

605
00:40:33,303 --> 00:40:35,130
our Citizen of the year.

606
00:40:35,130 --> 00:40:36,693
There's a whole nomination process.

607
00:40:36,693 --> 00:40:40,683
And by the grace of God, he won.

608
00:40:40,683 --> 00:40:42,963
We're this year's honoree is More Music

609
00:40:42,963 --> 00:40:45,153
has been an active part of the Saratoga community

610
00:40:45,153 --> 00:40:46,623
for many, many years.

611
00:40:46,623 --> 00:40:49,143
He's lived in Saratoga, this sober neighborhood,

612
00:40:49,143 --> 00:40:52,563
and has worked in Saratoga Village for the past 19 years.

613
00:40:52,563 --> 00:40:55,413
He currently serves on the Saratoga Chamber of Commerce

614
00:40:55,413 --> 00:40:58,530
Board of Directors and regularly volunteers

615
00:40:58,530 --> 00:41:00,903
at both chamber events and community events.

616
00:41:00,903 --> 00:41:03,633
His community involvement also includes five years

617
00:41:03,633 --> 00:41:06,213
on the Saratoga Country Club Board of Directors

618
00:41:06,213 --> 00:41:08,283
supporting Saratoga High High School

619
00:41:08,283 --> 00:41:12,333
Athletics and the Falcons Football and baseball program,

620
00:41:12,333 --> 00:41:15,273
and helping local organize local sports and recreation

621
00:41:15,273 --> 00:41:16,383
activities.

622
00:41:16,383 --> 00:41:19,518
He also provides complimentary notary services, a monthly.

623
00:41:19,518 --> 00:41:23,883
But there's got to be an ad in here somewhere.

624
00:41:23,883 --> 00:41:24,963
But it's true.

625
00:41:24,963 --> 00:41:27,700
If you live in Saratoga, go visit him

626
00:41:27,700 --> 00:41:29,128
He's a free notary right here.

627
00:41:29,128 --> 00:41:32,157
So he helps keep our community connected through the Monday

628
00:41:32,157 --> 00:41:35,171
missives, which many of you may receive and provides

629
00:41:35,171 --> 00:41:36,963
announcements and information with hundreds

630
00:41:36,963 --> 00:41:38,703
of Saratoga residents.

631
00:41:38,703 --> 00:41:40,713
And through the restoration of his family's

632
00:41:40,713 --> 00:41:43,383
historic Victorian home in Saratoga Village.

633
00:41:43,383 --> 00:41:46,533
He has shown a deep appreciation for Saratoga, his history

634
00:41:46,533 --> 00:41:50,313
and character, his ma's willingness to give his time,

635
00:41:50,313 --> 00:41:52,893
support local organizations and help others

636
00:41:52,893 --> 00:41:55,563
is a wonderful example of community spirit.

637
00:41:55,563 --> 00:41:57,783
Please join me in recognizing Is marmots

638
00:41:57,783 --> 00:42:03,783
like as our 2026 citizen of the Year Appreciate it, buddy.

639
00:42:05,441 --> 00:42:07,462
And the like decision.

640
00:42:07,462 --> 00:42:09,800
Oh, sure.

641
00:42:09,800 --> 00:42:10,293
Thank you.

642
00:42:10,293 --> 00:42:11,250
You.

643
00:42:11,250 --> 00:42:13,250
Uh, thanks Chuck.

644
00:42:13,642 --> 00:42:17,470
Mayor and Vice Mayor and council members.

645
00:42:17,470 --> 00:42:20,297
It's truly humbling standing here

646
00:42:20,297 --> 00:42:23,897
I. I appreciate it very much.

647
00:42:24,783 --> 00:42:31,983
Saratoga is my home, and any time I can help, I am.

648
00:42:32,430 --> 00:42:33,393
I'm honored.

649
00:42:33,393 --> 00:42:34,830
And.

650
00:42:34,830 --> 00:42:35,697
And.

651
00:42:35,697 --> 00:42:39,573
And this award goes to everybody all the citizens here, not

652
00:42:39,573 --> 00:42:40,593
only me.

653
00:42:40,593 --> 00:42:44,943
Um, and I'm sure there are some that deserve it more,

654
00:42:44,943 --> 00:42:50,343
but this year, I guess it to me the.

655
00:42:51,123 --> 00:42:51,843
Thank you.

656
00:42:51,843 --> 00:42:53,893
Thank you, everyone Thanks.

657
00:42:53,893 --> 00:42:54,393
Hang on.

658
00:42:54,393 --> 00:42:59,793
We're going to get a photo and finally, we'll

659
00:43:21,573 --> 00:43:24,333
recognize the community organization of the year.

660
00:43:24,333 --> 00:43:26,613
Well, Tyler Taylor in the Sassy team.

661
00:43:26,613 --> 00:43:31,580
Please join the city council at the center of the stage.

662
00:43:31,580 --> 00:43:32,306
Thanks.

663
00:43:32,306 --> 00:43:40,106
All your friends and know i got the whole team heroes bounce out

664
00:43:42,249 --> 00:43:42,856
here.

665
00:43:42,856 --> 00:43:43,463
This.

666
00:43:43,463 --> 00:43:45,285
I just want you guys.

667
00:43:45,285 --> 00:43:49,263
Come on over here Yeah, I'll count it out.

668
00:43:49,263 --> 00:43:51,263
Yeah, Yeah.

669
00:43:54,630 --> 00:43:56,583
So each year, the mayor of Saratoga

670
00:43:56,583 --> 00:43:58,893
recognizes an individual or an organization that

671
00:43:58,893 --> 00:44:01,533
has made a notable contribution to the Saratoga

672
00:44:01,533 --> 00:44:04,173
community this year, I'm pleased to recognize

673
00:44:04,173 --> 00:44:08,313
the successful aging solutions and community consulting,

674
00:44:08,313 --> 00:44:11,883
otherwise known as Sassy two A as our 2026

675
00:44:11,883 --> 00:44:14,253
Organization of the Year, Sassy has

676
00:44:14,253 --> 00:44:16,683
continued to expand its programs and services

677
00:44:16,683 --> 00:44:18,903
to meet the evolving needs of older adults.

678
00:44:18,903 --> 00:44:21,903
Caregivers and families this year,

679
00:44:22,470 --> 00:44:24,704
Sassy launched several innovative programs,

680
00:44:24,704 --> 00:44:27,804
including the state's first Community Caregiver Certificate

681
00:44:27,804 --> 00:44:31,803
program through senior guided pathways at West Valley College,

682
00:44:31,803 --> 00:44:35,523
the sassy certified Farmer's Market and the sassy Grocery

683
00:44:35,523 --> 00:44:37,383
rescue Program.

684
00:44:37,383 --> 00:44:40,660
The organization also completed renovation plans

685
00:44:40,660 --> 00:44:42,472
for its adult care center in partnership

686
00:44:42,472 --> 00:44:45,908
with the West Valley College Zilker School of Design.

687
00:44:45,908 --> 00:44:49,233
Sozzi is also provided valuable educational opportunities

688
00:44:49,233 --> 00:44:52,443
for the community, including property assessment

689
00:44:52,443 --> 00:44:56,643
presentations, senior fraud prevention seminars its health

690
00:44:56,793 --> 00:44:59,353
and nutrition seminars series and through the expansion

691
00:44:59,353 --> 00:45:02,233
of the West Valley Outlook to New communities.

692
00:45:02,233 --> 00:45:07,830
Sozzi is helping even more residents across our county

693
00:45:07,830 --> 00:45:08,793
through these programs, partnerships

694
00:45:08,793 --> 00:45:11,763
and the continued commitment to older adults and families.

695
00:45:11,763 --> 00:45:14,673
Sassy has made a tremendous commitment to all of us,

696
00:45:14,673 --> 00:45:17,730
especially here in Saratoga, where they started.

697
00:45:17,730 --> 00:45:19,155
My favorite is the adult care center.

698
00:45:19,155 --> 00:45:20,613
It is one of my all time favorites.

699
00:45:20,613 --> 00:45:23,193
I'm so glad we're still able to fund it a little bit.

700
00:45:23,193 --> 00:45:26,532
And congratulations, Tyler, and thank you so much.

701
00:45:26,532 --> 00:45:29,532
Thank you very much for.

702
00:45:34,263 --> 00:45:35,433
Thank you.

703
00:45:35,433 --> 00:45:38,430
I'll keep my remarks brief because the folks who really

704
00:45:38,430 --> 00:45:40,503
make sassy what it is are the folks that you see up here

705
00:45:40,503 --> 00:45:41,703
with me.

706
00:45:41,703 --> 00:45:44,823
I do want to say, though, that it's an honor of a lifetime

707
00:45:44,823 --> 00:45:47,283
to be able to serve older adults, to serve this community,

708
00:45:47,283 --> 00:45:49,143
to partner with the fire department in the sheriff's

709
00:45:49,143 --> 00:45:50,793
department, all the other community

710
00:45:50,793 --> 00:45:54,513
members that we work with to help us all get older

711
00:45:54,513 --> 00:45:55,383
successfully.

712
00:45:55,383 --> 00:45:57,963
And even though we did change our name to successful aging

713
00:45:57,963 --> 00:45:59,673
solutions and community consulting

714
00:45:59,673 --> 00:46:02,130
to do business outside of Saratoga,

715
00:46:02,130 --> 00:46:04,713
our legal entity name is and Forever

716
00:46:04,713 --> 00:46:07,470
will be the Saratoga area senior Coordinating Council.

717
00:46:07,470 --> 00:46:09,222
So those are our roots.

718
00:46:09,222 --> 00:46:10,973
This is a great organization.

719
00:46:10,973 --> 00:46:13,601
And if it's okay with the mayor, I'd

720
00:46:13,601 --> 00:46:16,186
like a couple of my people to say some words.

721
00:46:16,186 --> 00:46:17,103
They'll keep it brief.

722
00:46:17,103 --> 00:46:17,823
Sure.

723
00:46:17,823 --> 00:46:20,823
Sam Samuel Wheeler, Operations Manager

724
00:46:23,793 --> 00:46:27,330
Thank you, Mayor and council members for your support

725
00:46:27,330 --> 00:46:29,583
and providing this awards for organization.

726
00:46:29,583 --> 00:46:32,403
It's an incredible honor for us, me and my team

727
00:46:32,403 --> 00:46:34,988
to be able to serve the growing older adult

728
00:46:34,988 --> 00:46:36,425
population in our community.

729
00:46:36,425 --> 00:46:37,861
They made our towns.

730
00:46:37,861 --> 00:46:39,110
What they are.

731
00:46:39,110 --> 00:46:41,430
And now we are able to give back to them.

732
00:46:41,430 --> 00:46:44,553
So it's just really a joy and honor as a third generation

733
00:46:44,553 --> 00:46:46,413
resident of Santa Clara County, I'm

734
00:46:46,413 --> 00:46:49,803
lucky to be able to serve the place that I grew up in

735
00:46:49,803 --> 00:46:50,615
and stay tuned.

736
00:46:50,615 --> 00:46:53,730
We've got a lot more coming the rest of this year and next,

737
00:46:53,730 --> 00:46:59,673
so keep your eyes on Sassy Oh, that person, Ludmila, this

738
00:47:02,675 --> 00:47:03,633
is our dog care center.

739
00:47:03,633 --> 00:47:06,633
Assistant manager Luke Miller Not.

740
00:47:07,443 --> 00:47:10,983
Thank you, everyone, for coming on.

741
00:47:10,983 --> 00:47:12,591
My name is Luke Miller.

742
00:47:12,591 --> 00:47:16,191
I have something written down here

743
00:47:16,563 --> 00:47:19,653
so if you come and visit the Saratoga Dog Care Center,

744
00:47:19,653 --> 00:47:22,623
your older loved ones will immediately feel seen and cared

745
00:47:22,623 --> 00:47:26,943
for by our team You will meet Mary, who teaches us

746
00:47:26,943 --> 00:47:29,313
what true hospitality looks like.

747
00:47:29,313 --> 00:47:34,113
She she is exact the kind of person

748
00:47:36,513 --> 00:47:38,463
I personally would hope to meet when

749
00:47:38,463 --> 00:47:40,413
moving into a new neighborhood.

750
00:47:40,413 --> 00:47:44,613
You will also meet Denise is Denise,

751
00:47:47,793 --> 00:47:49,858
who is excellent with participant

752
00:47:49,858 --> 00:47:52,479
engagement and Tyler, you set the tone

753
00:47:52,479 --> 00:47:55,755
that allows this team to do its best work.

754
00:47:55,755 --> 00:47:59,823
Thank you for your leadership It's changed.

755
00:47:59,823 --> 00:48:02,403
I've learned more about myself working at Sassy

756
00:48:02,403 --> 00:48:04,113
and it's changed me for the best.

757
00:48:04,113 --> 00:48:06,513
Thank you Thank you.

758
00:48:10,575 --> 00:48:13,500
And so first, we're get a photo here,

759
00:48:13,500 --> 00:48:15,483
and then we'll bring up, everybody and come and let

760
00:48:15,483 --> 00:48:21,483
us know if you need us to merge Thank you.

761
00:48:39,513 --> 00:48:41,643
Now, I'd like to bring up the other winners.

762
00:48:41,643 --> 00:48:43,643
The other recipients.

763
00:48:43,893 --> 00:48:48,363
If you all could come up, we'll get a big old group picture.

764
00:48:48,363 --> 00:48:51,963
You know Thanks a lot, Alex.

765
00:49:42,513 --> 00:49:46,573
What makes you so you know I have them.

766
00:49:46,573 --> 00:49:47,569
All right.

767
00:49:47,569 --> 00:49:50,559
I think I could get into you office.

768
00:49:50,559 --> 00:49:55,959
I think if I even know that If there's

769
00:50:46,487 --> 00:50:48,225
any member of the public who would like

770
00:50:48,225 --> 00:50:49,745
to speak on that last item.

771
00:50:49,745 --> 00:50:55,145
Now would be the time to come forward Yeah.

772
00:50:59,313 --> 00:51:04,713
And we hope to see you all on Saturday

773
00:51:32,646 --> 00:51:36,123
All right, ladies and gentlemen, if we could please clear

774
00:51:36,123 --> 00:51:38,123
the chambers Okay.

775
00:51:58,713 --> 00:52:00,603
Thank you very much.

776
00:52:00,603 --> 00:52:04,203
And congratulate agents to our 2026 recipients.

777
00:52:04,983 --> 00:52:07,263
The next item is our consent calendar,

778
00:52:07,263 --> 00:52:10,653
which contains items typically a routine and typically

779
00:52:10,653 --> 00:52:12,653
non-controversial business items.

780
00:52:13,830 --> 00:52:15,663
In this section can be acted in one motion

781
00:52:15,663 --> 00:52:18,393
unless removed by a mayor or a council member.

782
00:52:18,393 --> 00:52:21,153
And I would at this point like to remind the folks here

783
00:52:21,153 --> 00:52:23,223
in the audience and the folks online

784
00:52:23,223 --> 00:52:26,553
that we will take a break every couple of hours

785
00:52:26,553 --> 00:52:28,863
just so that we can refresh a little bit

786
00:52:28,863 --> 00:52:30,873
And I just want to get that out now

787
00:52:30,873 --> 00:52:33,903
because I'll forget to say it until later.

788
00:52:33,903 --> 00:52:35,973
So any member of the public may speak

789
00:52:35,973 --> 00:52:39,663
on an item on the consent calendar at this time or request

790
00:52:39,663 --> 00:52:41,913
that the mayor remove an item from the consent

791
00:52:41,913 --> 00:52:43,325
calendar for discussion.

792
00:52:43,325 --> 00:52:45,783
If you're requesting an item to be removed from the consent

793
00:52:45,783 --> 00:52:48,690
calendar please give your comments on the item

794
00:52:48,690 --> 00:52:50,719
and inform the City Council what you would like that,

795
00:52:50,719 --> 00:52:51,682
you would like.

796
00:52:51,682 --> 00:52:53,609
Why you would like the item removed.

797
00:52:53,609 --> 00:52:55,713
Public speakers are limited to three minutes.

798
00:52:55,713 --> 00:52:58,293
Brett, can you please explain the public comment process

799
00:52:58,293 --> 00:53:00,363
and announce the first speaker If you would like

800
00:53:00,363 --> 00:53:03,930
to address the City Council on the consent calendar

801
00:53:03,930 --> 00:53:05,373
and you have not already submitted a speaker slip,

802
00:53:05,373 --> 00:53:07,830
now is the time to do so.

803
00:53:07,830 --> 00:53:09,273
If you are attending the zoom and you

804
00:53:09,273 --> 00:53:12,330
would like to address the City Council on the consent calendar,

805
00:53:12,330 --> 00:53:14,523
now is the time to raise your hand.

806
00:53:14,523 --> 00:53:18,723
First speaker is standing motion I'd like.

807
00:53:32,763 --> 00:53:33,693
Yes, I'd like to.

808
00:53:33,693 --> 00:53:38,493
Um, request that 1.14, which is a sheriff contract,

809
00:53:42,243 --> 00:53:44,643
be removed and discussed.

810
00:53:45,330 --> 00:53:49,233
Um I have a little difficulty understanding.

811
00:53:52,530 --> 00:53:53,823
I looked over the sheriff's contract

812
00:53:53,823 --> 00:53:59,823
and there's a question about overhead costs and state law,

813
00:53:59,883 --> 00:54:01,683
and so on.

814
00:54:01,683 --> 00:54:06,603
I spent a year at Gonzaga law School and contracts

815
00:54:06,603 --> 00:54:09,483
was not one of my strong subjects.

816
00:54:09,483 --> 00:54:12,363
So if maybe the city attorney can help us out

817
00:54:12,363 --> 00:54:16,833
on the explaining what that is and whether we are

818
00:54:16,833 --> 00:54:19,833
in compliance here, thank you.

819
00:54:21,213 --> 00:54:23,886
Well, and that was his comment.

820
00:54:23,886 --> 00:54:27,261
He want to better understand the contract portion of it.

821
00:54:27,261 --> 00:54:28,795
Anybody else for it?

822
00:54:28,795 --> 00:54:32,813
I have no other speaker slips and there are no hands raised.

823
00:54:32,813 --> 00:54:33,447
OK.

824
00:54:33,447 --> 00:54:34,397
Thank you.

825
00:54:34,397 --> 00:54:36,615
Is there any member of the council

826
00:54:36,615 --> 00:54:39,466
would like to pull an item or two?

827
00:54:39,466 --> 00:54:44,366
Tina Marie I'd like to pull item numbers 1.4 and 1.5.

828
00:54:44,366 --> 00:54:45,250
Okay.

829
00:54:45,250 --> 00:54:46,130
Anybody else?

830
00:54:46,130 --> 00:54:47,331
Oh, sorry.

831
00:54:47,331 --> 00:54:50,331
I meant 1.14 and one five.

832
00:54:51,115 --> 00:54:52,836
My apologies.

833
00:54:52,836 --> 00:54:53,984
Typo.

834
00:54:53,984 --> 00:54:58,184
So it's 1.14 and 1.15 not four and five.

835
00:54:59,417 --> 00:55:01,417
14 and 15.

836
00:55:01,444 --> 00:55:02,458
OK.

837
00:55:02,458 --> 00:55:03,978
All right.

838
00:55:03,978 --> 00:55:05,499
All right.

839
00:55:05,499 --> 00:55:10,123
If there's no discussion on any of the other items.

840
00:55:10,123 --> 00:55:14,189
And I think, Stan, I think you meant item 1.14, right.

841
00:55:14,189 --> 00:55:14,983
Thank you.

842
00:55:14,983 --> 00:55:15,483
You.

843
00:55:15,483 --> 00:55:15,633
Yeah.

844
00:55:15,633 --> 00:55:16,300
He said correct.

845
00:55:16,300 --> 00:55:19,413
Yeah, I wasn't sure if I made a mistake.

846
00:55:19,413 --> 00:55:21,663
So we'll look for motion on the other items.

847
00:55:21,663 --> 00:55:23,583
Yeah.

848
00:55:23,583 --> 00:55:26,147
All right I'd like to move to adoption.

849
00:55:26,147 --> 00:55:27,843
Susan, Calendar item one.

850
00:55:27,843 --> 00:55:29,843
Point one through 1.13.

851
00:55:30,543 --> 00:55:31,886
I second.

852
00:55:31,886 --> 00:55:34,976
I have a motion and a second On favor.

853
00:55:34,976 --> 00:55:38,400
Please say I. I i any opposed.

854
00:55:38,400 --> 00:55:39,610
Any abstentions.

855
00:55:39,610 --> 00:55:41,283
Motion carries unanimously Okay.

856
00:55:41,283 --> 00:55:45,423
Item 1.1 for the Santa Clara County law enforcement

857
00:55:45,423 --> 00:55:52,230
contract for peanut I have a couple of questions for staff.

858
00:55:54,903 --> 00:55:57,633
I know there has been an ad hoc committee

859
00:55:57,633 --> 00:56:01,143
of the mayors of the three cities City of Saratoga,

860
00:56:01,143 --> 00:56:03,753
city of Cupertino as well as the town of Los Altos

861
00:56:03,753 --> 00:56:05,553
Hills, along with the city managers

862
00:56:05,553 --> 00:56:09,243
and some other senior executive level members of each

863
00:56:09,243 --> 00:56:11,823
of the three cities that have been working with the county

864
00:56:11,823 --> 00:56:14,763
sheriff's office since the beginning of this year.

865
00:56:14,763 --> 00:56:19,713
On this contract just a couple of quick questions here.

866
00:56:19,713 --> 00:56:21,813
Firstly, I really appreciate all the work

867
00:56:21,813 --> 00:56:24,183
that has been done by the Ad hoc committee members.

868
00:56:24,183 --> 00:56:26,763
I know it's been lot more meetings than what we also

869
00:56:26,763 --> 00:56:29,763
attended, so that's deeply appreciated.

870
00:56:30,783 --> 00:56:35,353
From what I understand that the other Two cities, Cupertino

871
00:56:35,353 --> 00:56:41,730
and Los Altos Hills, have not reached a point yet

872
00:56:41,730 --> 00:56:43,323
They are running couple of weeks behind us

873
00:56:43,323 --> 00:56:47,373
where they will be ready to move forward with their contract.

874
00:56:47,373 --> 00:56:53,430
So when all the Three cities got an extension of the timeline

875
00:56:53,430 --> 00:56:57,477
from end of June through end of September 20, 26,

876
00:56:57,477 --> 00:57:00,175
I know I have discussed this with you

877
00:57:00,175 --> 00:57:02,295
city manager Leslie Arroyo, but it

878
00:57:02,295 --> 00:57:04,672
would be good for members of the public

879
00:57:04,672 --> 00:57:07,490
to know why we are moving forward.

880
00:57:07,490 --> 00:57:09,425
Now while the other two cities are waiting

881
00:57:09,425 --> 00:57:11,703
and the second question would be,

882
00:57:11,703 --> 00:57:15,753
I understand that all three city attorneys have reviewed

883
00:57:15,753 --> 00:57:18,723
the contract language until a week ago

884
00:57:18,723 --> 00:57:21,843
and any substantial changes, if they have been made since then,

885
00:57:21,843 --> 00:57:24,873
it would be nice for us to share with our residents.

886
00:57:24,873 --> 00:57:27,873
And the last question slash comment

887
00:57:27,873 --> 00:57:33,903
is that there is an audit report that is in the works.

888
00:57:33,903 --> 00:57:37,833
The draft report has been reviewed by the Ad hoc committee

889
00:57:37,833 --> 00:57:42,123
that is to the audit report is addressing the overheads that

890
00:57:42,123 --> 00:57:45,273
was also alluded to by one of the members, former Mayor Stan

891
00:57:45,273 --> 00:57:46,833
Boghosian, just now.

892
00:57:46,833 --> 00:57:52,683
And my question there would be if they find reductions

893
00:57:52,683 --> 00:57:56,943
in that report that would be applicable to the other cities

894
00:57:56,943 --> 00:57:59,673
because they are a couple of weeks behind us

895
00:57:59,673 --> 00:58:02,730
in terms of signing the contract.

896
00:58:02,730 --> 00:58:05,883
And if we approve the contract tonight, would we, the City

897
00:58:05,883 --> 00:58:11,193
of Saratoga, be able to avail of those reductions and adjustments

898
00:58:11,193 --> 00:58:14,283
in spite of the fact that we may have approved the contract

899
00:58:14,283 --> 00:58:14,883
tonight?

900
00:58:14,883 --> 00:58:17,960
Those are my 3 or 4 questions right there.

901
00:58:17,960 --> 00:58:18,513
Appreciate your answers Thank you.

902
00:58:18,513 --> 00:58:19,130
Thank you.

903
00:58:19,130 --> 00:58:20,943
Very similar for you.

904
00:58:20,943 --> 00:58:25,233
So the first question is to why now you're correct.

905
00:58:25,233 --> 00:58:28,263
We did our contract ended at the end of June, June 30th.

906
00:58:28,263 --> 00:58:31,593
We did get an extension till September 30th.

907
00:58:31,593 --> 00:58:35,463
And in the beginning of July, we did receive a note

908
00:58:35,463 --> 00:58:37,863
from the county office.

909
00:58:38,228 --> 00:58:42,516
And in fact, I have the exact July 7

910
00:58:42,516 --> 00:58:46,490
kind of outlining that we needed to push this

911
00:58:46,490 --> 00:58:47,516
up a little bit more.

912
00:58:47,516 --> 00:58:50,204
And then it was reiterated to us on July 17.

913
00:58:50,204 --> 00:58:54,783
And basically in this note, they were outlining the fact that

914
00:58:54,783 --> 00:58:57,453
because they needed to do to readings at the border

915
00:58:57,453 --> 00:59:00,183
supervisor level, they've got some upcoming border supervisor

916
00:59:00,183 --> 00:59:04,885
meetings in September in order to have that contract executed

917
00:59:04,885 --> 00:59:06,167
by September 30th.

918
00:59:06,167 --> 00:59:09,691
So number one, in order to get a contract executed

919
00:59:09,691 --> 00:59:12,991
through the county we have to first sign it.

920
00:59:12,991 --> 00:59:16,776
And then we then it gets taken to the board of supervisors.

921
00:59:16,776 --> 00:59:19,396
So in this timeline, we I will say

922
00:59:19,396 --> 00:59:22,353
we were surprised that it did push things up for us.

923
00:59:22,353 --> 00:59:26,193
But we were told that they needed to have an agreement

924
00:59:26,193 --> 00:59:30,183
received essentially by August 11th to be considered

925
00:59:30,183 --> 00:59:34,143
for the August 25th board meeting or an agreement received

926
00:59:34,143 --> 00:59:38,265
by August 31st to be considered for the September 1540 Board

927
00:59:38,265 --> 00:59:39,370
of Supervisors meeting.

928
00:59:39,370 --> 00:59:41,579
So those were the two meetings that they're

929
00:59:41,579 --> 00:59:43,789
having is August 25 and September 15.

930
00:59:43,789 --> 00:59:47,111
We needed to have this meeting because we are not meeting today

931
00:59:47,111 --> 00:59:50,721
is the 90 and then we won't meet again until September 2.

932
00:59:50,721 --> 00:59:53,776
So that last kind of timeline was that August 31st,

933
00:59:53,776 --> 00:59:57,423
31st agreement that they needed received by us.

934
00:59:57,423 --> 01:00:00,183
This is going to go on the August 25th board meeting.

935
01:00:00,183 --> 01:00:02,313
They are going to amend their agenda

936
01:00:02,313 --> 01:00:03,663
and add our signed contracts.

937
01:00:03,663 --> 01:00:05,642
Should the Council approve this tonight?

938
01:00:05,642 --> 01:00:09,313
We will sign it tomorrow, and they will put it on the 25th

939
01:00:09,313 --> 01:00:09,838
agenda.

940
01:00:09,838 --> 01:00:13,843
But that is the reason why the timing again, it was surprising.

941
01:00:13,843 --> 01:00:16,829
And it did push all three cities up

942
01:00:16,829 --> 01:00:20,563
and we have chosen to follow through with that request

943
01:00:20,563 --> 01:00:23,133
of timing in terms of contract changes,

944
01:00:23,133 --> 01:00:25,804
I do want to introduce we do have Katherine

945
01:00:25,804 --> 01:00:27,701
Enberg on the line and she is an attorney

946
01:00:27,701 --> 01:00:31,758
and she has also been working closely She's part of our team.

947
01:00:31,758 --> 01:00:34,530
And has been negotiating with the other attorneys,

948
01:00:34,530 --> 01:00:35,583
with the other two cities.

949
01:00:35,583 --> 01:00:39,753
So you're question in terms of, you know, we did last week,

950
01:00:39,753 --> 01:00:42,753
Thursday, we kind of get through all of our red line changes

951
01:00:42,753 --> 01:00:44,943
that we wanted to accomplish.

952
01:00:44,943 --> 01:00:46,293
And we were happy with that.

953
01:00:46,293 --> 01:00:48,553
But I will let Katherine just kind of state

954
01:00:48,553 --> 01:00:51,957
where things left off and how we decided to pursue

955
01:00:51,957 --> 01:00:53,999
this contract in the end.

956
01:00:53,999 --> 01:00:55,361
OK, great.

957
01:00:55,361 --> 01:00:57,993
Thank you for that introduction Leslie,

958
01:00:57,993 --> 01:01:01,353
and for the question from Council,

959
01:01:01,353 --> 01:01:02,733
I did want to just highlight I've

960
01:01:02,733 --> 01:01:06,330
been working with the other city attorneys

961
01:01:06,330 --> 01:01:08,242
and our office worked primarily.

962
01:01:08,242 --> 01:01:12,660
And I want to highlight three aspects of the contract, which

963
01:01:12,660 --> 01:01:16,805
were resolved last week and which allowed us to recommend,

964
01:01:16,805 --> 01:01:18,754
you know, bringing this agreement forward

965
01:01:18,754 --> 01:01:21,154
to council this evening.

966
01:01:21,813 --> 01:01:26,733
One is the issue regarding early termination and who

967
01:01:26,733 --> 01:01:32,583
pays for pro-rata basically how the pro rata shares of the West

968
01:01:32,583 --> 01:01:36,183
Valley substation lease are worked out.

969
01:01:36,453 --> 01:01:41,730
The county has a lease for the West Valley substation A that

970
01:01:41,730 --> 01:01:43,473
runs through November of 2029.

971
01:01:44,823 --> 01:01:47,936
And so one one issue that we needed

972
01:01:47,936 --> 01:01:49,353
to resolve was, well, in the event

973
01:01:49,353 --> 01:01:53,804
that a One of the three cities leaves terminates

974
01:01:53,804 --> 01:01:59,204
prior to that date, how are those costs shared?

975
01:01:59,463 --> 01:02:01,683
And then also, well, what if the county wants

976
01:02:01,683 --> 01:02:06,513
to enter into a new lease and extend the date of that lease

977
01:02:06,513 --> 01:02:08,553
beyond the period of this contract?

978
01:02:08,553 --> 01:02:12,213
So that was, you know, needed to be worked out ultimately,

979
01:02:12,213 --> 01:02:16,413
the parties all agreed on the language in the contract

980
01:02:16,413 --> 01:02:17,103
right now.

981
01:02:17,103 --> 01:02:20,703
And basically does require a city

982
01:02:21,633 --> 01:02:24,213
that leaves that terminates early to pay

983
01:02:24,213 --> 01:02:28,548
his pro rata share through that November 20, 29 date.

984
01:02:28,548 --> 01:02:34,353
However, it does not allow the county to extend that lease

985
01:02:34,353 --> 01:02:37,953
without mutual agreement of the city's.

986
01:02:38,463 --> 01:02:41,770
So that was, I think, a key negotiating point

987
01:02:41,770 --> 01:02:46,151
And I to just like that for you, the other one would

988
01:02:46,151 --> 01:02:49,184
have will just mention is the indemnification section.

989
01:02:49,184 --> 01:02:51,886
The city's basically thought that the current indemnification

990
01:02:51,886 --> 01:02:55,325
language in our in our current contract is good.

991
01:02:55,325 --> 01:02:57,388
And it's protective of the city's

992
01:02:57,388 --> 01:03:01,701
particularly in the event of an excessive force case situation.

993
01:03:01,701 --> 01:03:03,971
And in the county actually had proposed

994
01:03:03,971 --> 01:03:05,592
to change that language.

995
01:03:05,592 --> 01:03:09,158
But then they ultimately agreed to revert back to the language

996
01:03:09,158 --> 01:03:12,398
that we've had in place in our contract for many years.

997
01:03:12,398 --> 01:03:15,313
So that was the second thing I wanted to mention.

998
01:03:15,313 --> 01:03:18,674
And then finally, I'll just mention another change

999
01:03:18,674 --> 01:03:21,942
in the contract that we were satisfied with is a note on.

1000
01:03:21,942 --> 01:03:23,953
I think is page two of the contract

1001
01:03:23,953 --> 01:03:27,138
that it is subject to government code section 51350.

1002
01:03:27,138 --> 01:03:32,366
And actually one of the public commenters asked about that.

1003
01:03:32,366 --> 01:03:34,983
And that's a section that's really

1004
01:03:34,983 --> 01:03:38,703
protected by both the county and the cities.

1005
01:03:38,703 --> 01:03:44,913
It does require the county to pass on cost to the contract

1006
01:03:44,913 --> 01:03:46,233
cities.

1007
01:03:46,233 --> 01:03:49,830
However, it also says that the county may not

1008
01:03:49,830 --> 01:03:52,533
charge overhead head to the cities

1009
01:03:52,533 --> 01:03:54,723
that it would incur anyway.

1010
01:03:54,723 --> 01:03:58,744
I'm sort of paraphrasing, but that's the idea.

1011
01:03:58,744 --> 01:04:00,755
And so the contract.

1012
01:04:00,755 --> 01:04:03,188
I mean, basically would be subject to that

1013
01:04:03,188 --> 01:04:04,563
regardless because the state law.

1014
01:04:04,563 --> 01:04:06,543
But we've made it expressly in the contract

1015
01:04:06,543 --> 01:04:09,573
that that is subject to that those provisions

1016
01:04:09,573 --> 01:04:10,593
of the government code.

1017
01:04:10,593 --> 01:04:13,773
And I would just note that there is

1018
01:04:13,773 --> 01:04:17,913
an audit happening and are you know,

1019
01:04:17,913 --> 01:04:20,703
it's still underway If that audit reveals

1020
01:04:20,703 --> 01:04:23,553
that the county has been charging the contract

1021
01:04:23,553 --> 01:04:27,753
cities, any overhead that is not allowed under government code

1022
01:04:27,753 --> 01:04:29,753
section 51350.

1023
01:04:29,793 --> 01:04:32,883
Well, the contract would basically require a rebalancing

1024
01:04:32,883 --> 01:04:33,469
or refund.

1025
01:04:33,469 --> 01:04:36,483
Didn't have to would need to be it

1026
01:04:36,483 --> 01:04:40,293
would need to be refunded or rolled into, you know,

1027
01:04:40,293 --> 01:04:42,453
the next year's payment.

1028
01:04:42,453 --> 01:04:46,323
Would that, you know, without express language.

1029
01:04:46,323 --> 01:04:49,713
So I guess those are the three primary point negotiating

1030
01:04:49,713 --> 01:04:50,253
points.

1031
01:04:50,253 --> 01:04:53,807
And with those resolved, we did recommend bringing this forward

1032
01:04:53,807 --> 01:04:54,721
to council.

1033
01:04:54,721 --> 01:04:55,330
Assuming.

1034
01:04:55,330 --> 01:04:55,939
OK.

1035
01:04:55,939 --> 01:04:58,986
Thank you so Katherine, I really appreciate that.

1036
01:04:58,986 --> 01:05:01,424
Essentially, even if the other two cities

1037
01:05:01,424 --> 01:05:06,423
when they sign or approve likely if they approve the contract

1038
01:05:06,423 --> 01:05:09,843
language in a couple of weeks, if they find anything else

1039
01:05:09,843 --> 01:05:10,503
coming out.

1040
01:05:10,503 --> 01:05:14,883
I'm repeating this here in the audit report that would still

1041
01:05:14,883 --> 01:05:17,133
be applicable to us.

1042
01:05:17,133 --> 01:05:19,773
Part of the language in the contract that is in front of us

1043
01:05:19,773 --> 01:05:21,423
tonight Correct.

1044
01:05:21,423 --> 01:05:23,203
And per state law as well.

1045
01:05:23,203 --> 01:05:23,703
We did.

1046
01:05:23,703 --> 01:05:25,923
We did not moralize it in the contract.

1047
01:05:25,923 --> 01:05:26,546
Wonderful.

1048
01:05:26,546 --> 01:05:27,213
Appreciate that.

1049
01:05:27,213 --> 01:05:27,753
Thanks.

1050
01:05:27,753 --> 01:05:29,378
And I would just add, Vice Mayor Wiley,

1051
01:05:29,378 --> 01:05:34,803
that we do have a draft version of that report.

1052
01:05:34,803 --> 01:05:36,363
We are waiting to get it finalized.

1053
01:05:36,363 --> 01:05:39,273
It was shared with the county to have them get their perspective.

1054
01:05:39,273 --> 01:05:41,103
And just for the sake for the public,

1055
01:05:41,103 --> 01:05:42,633
why did we do this audit report?

1056
01:05:42,633 --> 01:05:45,243
We did this because of the calculations

1057
01:05:45,243 --> 01:05:46,710
that were provided to us initially

1058
01:05:46,710 --> 01:05:48,543
we were trying to get a better understanding

1059
01:05:48,543 --> 01:05:51,183
as to what we were being charged with the contract.

1060
01:05:51,183 --> 01:05:53,853
And so we hired this independent auditor.

1061
01:05:53,853 --> 01:05:55,833
This isn't a draft version I did.

1062
01:05:55,833 --> 01:05:58,611
One thing I did want to say, though,

1063
01:05:58,611 --> 01:06:01,665
is that I did reach out to the county executive yesterday

1064
01:06:01,665 --> 01:06:02,221
evening.

1065
01:06:02,221 --> 01:06:04,773
And one of the things they did have a chance

1066
01:06:04,773 --> 01:06:07,203
to look at that on a report again in draft version.

1067
01:06:07,203 --> 01:06:09,843
And he said the county won't be changing,

1068
01:06:09,843 --> 01:06:12,903
costing methodology as a result of the audit.

1069
01:06:12,903 --> 01:06:15,663
The draft audit did not identify any calculation errors

1070
01:06:15,663 --> 01:06:17,853
or technical adjustments, but it did

1071
01:06:17,853 --> 01:06:20,193
appear to potentially disagree with categorization

1072
01:06:20,193 --> 01:06:21,783
or methodology.

1073
01:06:21,783 --> 01:06:23,253
It also continues to say we don't

1074
01:06:23,253 --> 01:06:26,703
agree with those observations as a legal or factual matter.

1075
01:06:26,703 --> 01:06:28,893
But even assuming they remain in the final audit,

1076
01:06:28,893 --> 01:06:32,763
we will not be proposing any changes in our costing

1077
01:06:32,763 --> 01:06:35,343
So that was the latest that I did receive last night

1078
01:06:35,343 --> 01:06:37,743
from the county executive.

1079
01:06:38,223 --> 01:06:41,943
Appreciate sharing that with the public here tonight.

1080
01:06:41,943 --> 01:06:44,733
City manager Leslie, deeply appreciate that.

1081
01:06:44,733 --> 01:06:47,133
Thank you so much.

1082
01:06:47,648 --> 01:06:49,230
I don't have any other questions.

1083
01:06:49,230 --> 01:06:50,583
Do you want me to make a remark or do

1084
01:06:50,583 --> 01:06:52,416
you want to anybody else have any questions?

1085
01:06:52,416 --> 01:06:53,403
There may be others.

1086
01:06:53,403 --> 01:06:54,783
Any questions?

1087
01:06:54,783 --> 01:06:58,849
Yes, if I may just add, I do want to just clarify, too,

1088
01:06:58,849 --> 01:07:01,287
that, you know, we are signing this contract

1089
01:07:01,287 --> 01:07:03,726
and we are continuing to have law enforcement discussions.

1090
01:07:03,726 --> 01:07:04,945
We've talked about this.

1091
01:07:04,945 --> 01:07:07,126
We are looking at those goals, but we

1092
01:07:07,126 --> 01:07:08,793
are continuing with the sheriff's office

1093
01:07:08,793 --> 01:07:10,895
and to what Katherine pointed out,

1094
01:07:10,895 --> 01:07:13,353
we do need to sign this because we need to continue our law

1095
01:07:13,353 --> 01:07:13,853
enforcement.

1096
01:07:13,853 --> 01:07:18,320
And as of October First, they continue to be a great partner.

1097
01:07:18,320 --> 01:07:21,524
And we will decide ultimately what we end up going with.

1098
01:07:21,524 --> 01:07:25,380
But tonight is not that decision for the long term law

1099
01:07:25,380 --> 01:07:25,955
enforcement agreement.

1100
01:07:25,955 --> 01:07:28,713
So tonight is to keep us going and keep us moving.

1101
01:07:28,713 --> 01:07:31,203
And then we do have that termination provision.

1102
01:07:31,203 --> 01:07:35,643
Should the council want to make a change that is forthcoming?

1103
01:07:35,643 --> 01:07:37,923
And to add to that, lastly, this contra act

1104
01:07:37,923 --> 01:07:40,893
is for five years with the possibility of extension

1105
01:07:40,893 --> 01:07:43,773
for another five and adding to that date, as you said,

1106
01:07:43,773 --> 01:07:47,943
effective October one, 2026, and it does have an exit clause

1107
01:07:47,943 --> 01:07:49,653
if you give them a year's notice,

1108
01:07:49,653 --> 01:07:52,588
we could move to another law enforcement agency.

1109
01:07:52,588 --> 01:07:55,692
And I just from the standpoint of the ad hoc,

1110
01:07:55,692 --> 01:08:00,903
I just want to say that, yeah, we reviewed the audit report

1111
01:08:00,903 --> 01:08:04,830
as I kind of anticipated what the accounting executive's

1112
01:08:04,830 --> 01:08:06,630
response would be.

1113
01:08:06,630 --> 01:08:07,503
Yeah, it may be a little different

1114
01:08:07,503 --> 01:08:09,123
than other counties do, but there's

1115
01:08:09,123 --> 01:08:10,983
nothing in that audit report that

1116
01:08:10,983 --> 01:08:12,783
says this is what you're doing, illegal.

1117
01:08:12,783 --> 01:08:14,733
This violates government code.

1118
01:08:14,733 --> 01:08:18,783
And 51, 350 is the government code that relates to this.

1119
01:08:18,783 --> 01:08:22,533
So to me, it makes more sense to move on and make sure

1120
01:08:22,533 --> 01:08:26,463
that we're locked in than to try to fight an imaginary fight.

1121
01:08:26,463 --> 01:08:29,503
And so that's why I recommend that we bring it forward.

1122
01:08:29,503 --> 01:08:30,300
Thank you.

1123
01:08:30,300 --> 01:08:32,130
I appreciate your sharing that with us

1124
01:08:32,130 --> 01:08:33,633
and for the work you have done on this

1125
01:08:33,633 --> 01:08:37,383
on the with the ad hoc committee, I agree with you.

1126
01:08:37,383 --> 01:08:41,433
A public safety comes first for all of us here.

1127
01:08:41,433 --> 01:08:44,883
And i agree, Leslie, as you said,

1128
01:08:44,883 --> 01:08:49,143
we have to move forward with the good, consistent law enforcement

1129
01:08:49,143 --> 01:08:51,423
service that we have had for 70 years.

1130
01:08:51,423 --> 01:08:56,887
And and I'm ready to make a motion to time to move forward

1131
01:08:56,887 --> 01:09:00,963
essentially, and make a motion to approve item number one,

1132
01:09:00,963 --> 01:09:05,890
point one 4, which is the Santa Clara County law enforcement

1133
01:09:05,890 --> 01:09:08,323
contract to authorize the city manager to execute this five

1134
01:09:08,323 --> 01:09:10,597
year agreement with the Santa Clara county

1135
01:09:10,597 --> 01:09:13,604
Sheriff's Office as detailed in the staff report.

1136
01:09:13,604 --> 01:09:15,609
And I'd like to second.

1137
01:09:15,609 --> 01:09:16,611
Thank you.

1138
01:09:16,611 --> 01:09:18,616
All in favor any comments?

1139
01:09:18,616 --> 01:09:20,283
I'll just have some comments.

1140
01:09:20,283 --> 01:09:23,823
Just want to thank staff as well as the county sheriff's

1141
01:09:23,823 --> 01:09:25,868
office, the ad hoc committee, our fellow cities.

1142
01:09:25,868 --> 01:09:27,243
There's been a ton of work that's

1143
01:09:27,243 --> 01:09:28,786
gone into those last few years.

1144
01:09:28,786 --> 01:09:31,203
I do think it is the right decision for us to move forward

1145
01:09:31,203 --> 01:09:32,283
with this.

1146
01:09:32,283 --> 01:09:35,163
I think the other cities are taking it, making a deliberate

1147
01:09:35,163 --> 01:09:38,730
choice to try and hold out, to try

1148
01:09:38,730 --> 01:09:40,887
and I think solicit some more cost savings

1149
01:09:40,887 --> 01:09:44,530
or negotiate for that on top of the fact

1150
01:09:44,530 --> 01:09:46,541
we've already gotten an extension

1151
01:09:46,541 --> 01:09:49,516
And I just think, we I think the county is operating

1152
01:09:49,516 --> 01:09:51,251
with us in good faith here.

1153
01:09:51,251 --> 01:09:53,979
I don't think we should take that risk for our residents

1154
01:09:53,979 --> 01:09:56,214
to even question whether or not law enforcement will

1155
01:09:56,214 --> 01:09:56,854
be available.

1156
01:09:56,854 --> 01:09:58,776
And like you said, from the start,

1157
01:09:58,776 --> 01:10:00,698
this is not a quality of service issue.

1158
01:10:00,698 --> 01:10:02,958
It's a finances issue in this contract gives us

1159
01:10:02,958 --> 01:10:03,701
that flexibility.

1160
01:10:03,701 --> 01:10:05,683
If we do need to make that decision

1161
01:10:05,683 --> 01:10:07,912
to go with with a different partner here.

1162
01:10:07,912 --> 01:10:10,625
But I want to say thank you to everyone for the work,

1163
01:10:10,625 --> 01:10:13,830
especially to Mayor Page for being on the Ad Hoc committee.

1164
01:10:13,830 --> 01:10:15,483
It's been a tremendous amount of additional effort.

1165
01:10:15,483 --> 01:10:19,830
Also, there was the question around,

1166
01:10:19,783 --> 01:10:22,563
let's say this our report does find something.

1167
01:10:22,563 --> 01:10:25,563
The good news is that the state law applies regardless,

1168
01:10:25,563 --> 01:10:27,500
because if there ends up being an adjustment,

1169
01:10:27,500 --> 01:10:28,833
we will see the benefit of that.

1170
01:10:28,833 --> 01:10:31,603
In addition to the other cities.

1171
01:10:31,603 --> 01:10:32,103
Thank you.

1172
01:10:32,103 --> 01:10:34,153
And so I'll be voting in favor of this.

1173
01:10:34,153 --> 01:10:34,653
Okay.

1174
01:10:34,653 --> 01:10:37,623
And the other comments and we'll go to the vote.

1175
01:10:37,623 --> 01:10:41,505
All those in favor, please say I I any opposed.

1176
01:10:41,505 --> 01:10:42,736
Any abstentions.

1177
01:10:42,736 --> 01:10:44,788
The motion carries unanimously.

1178
01:10:44,788 --> 01:10:45,609
OK.

1179
01:10:45,609 --> 01:10:46,841
Item 1.15.

1180
01:10:46,841 --> 01:10:48,993
The League of California's cities

1181
01:10:48,993 --> 01:10:51,993
Action Alert on Wildfire liability.

1182
01:10:52,893 --> 01:10:54,633
I'll keep my remarks very safe.

1183
01:10:54,633 --> 01:10:55,953
Very safe.

1184
01:10:55,953 --> 01:10:58,115
Safe and contained Sorry, I'm just

1185
01:10:58,115 --> 01:11:00,437
trying to read my notes here and trying

1186
01:11:00,437 --> 01:11:02,760
to rush in the interest of time.

1187
01:11:02,760 --> 01:11:04,978
Do you have a packed agenda tonight?

1188
01:11:04,978 --> 01:11:06,603
Essentially I don't have any questions.

1189
01:11:06,603 --> 01:11:09,693
What I wanted to share with the residents

1190
01:11:09,693 --> 01:11:13,833
was this information came to all elected officials

1191
01:11:13,833 --> 01:11:16,203
about a week to ten days ago from the League

1192
01:11:16,203 --> 01:11:18,483
of California Cities, which is the league of all

1193
01:11:18,483 --> 01:11:20,130
the cities in the state.

1194
01:11:20,130 --> 01:11:24,513
And I do recall sharing this with city manager Leslie

1195
01:11:24,513 --> 01:11:26,768
And I want to thank Mayor Page for agenda

1196
01:11:26,768 --> 01:11:28,383
raising this for tonight.

1197
01:11:28,383 --> 01:11:31,833
I tried at the Cities Association of Santa Clara

1198
01:11:31,833 --> 01:11:35,223
County, which is all the 15 cities in the county last week,

1199
01:11:35,223 --> 01:11:37,683
and the current board president there.

1200
01:11:37,683 --> 01:11:41,523
I tried to agendas, but I was unable to do it

1201
01:11:41,523 --> 01:11:45,543
because of the timing and the lack of detail information

1202
01:11:45,543 --> 01:11:49,833
or the insufficient information at that given point in time

1203
01:11:49,833 --> 01:11:51,753
I did highlighted to all the cities.

1204
01:11:51,753 --> 01:11:55,413
It is very important for the city of Saratoga

1205
01:11:55,413 --> 01:12:00,333
as the residents here will likely understand and agree to.

1206
01:12:00,333 --> 01:12:03,303
So this is really me thanking you, Mayor,

1207
01:12:03,303 --> 01:12:07,893
to put this on the agenda in even with the information

1208
01:12:07,893 --> 01:12:10,618
that we have because we don't want the governor

1209
01:12:10,618 --> 01:12:12,819
to be signing these bills and putting

1210
01:12:12,819 --> 01:12:16,443
the responsibility on the cities and the residents or impact

1211
01:12:16,443 --> 01:12:17,553
by wildfires.

1212
01:12:17,553 --> 01:12:20,763
I'm trying not to say anything more to save time, essentially.

1213
01:12:20,763 --> 01:12:25,606
Well, I think that we since we brought it up with this action

1214
01:12:25,606 --> 01:12:26,523
alert, it really does.

1215
01:12:26,523 --> 01:12:30,543
It says that the city opposed Is the governor signing a bill that

1216
01:12:30,543 --> 01:12:34,383
essentially would limit an electric utility that

1217
01:12:34,383 --> 01:12:36,222
caused the wildfire from being sued

1218
01:12:36,222 --> 01:12:39,378
for the did of a maximum amount they could sue for?

1219
01:12:39,378 --> 01:12:41,219
This is a two edged sword.

1220
01:12:41,219 --> 01:12:42,534
If they get sued.

1221
01:12:42,534 --> 01:12:45,640
And they lose the ratepayers pay.

1222
01:12:45,640 --> 01:12:47,603
So if it's limited, we pay less.

1223
01:12:47,603 --> 01:12:51,272
So it's so you're darned if you do and you're darned if you

1224
01:12:51,272 --> 01:12:51,836
don't.

1225
01:12:51,836 --> 01:12:56,261
But I think that the bill itself needs to be better thought out,

1226
01:12:56,261 --> 01:12:58,539
and that's why we're opposing it.

1227
01:12:58,539 --> 01:13:00,816
So any other comments or questions?

1228
01:13:00,816 --> 01:13:01,773
OK All in favor.

1229
01:13:01,773 --> 01:13:04,953
Please say I, I, we don't have a motion.

1230
01:13:04,953 --> 01:13:05,943
Oh, sorry.

1231
01:13:05,943 --> 01:13:06,585
Thank you.

1232
01:13:06,585 --> 01:13:07,960
It's going to happen right along.

1233
01:13:07,960 --> 01:13:09,573
Before Brett caught us.

1234
01:13:09,573 --> 01:13:10,622
I would like to.

1235
01:13:10,622 --> 01:13:13,323
I'd like to move a stop recommendation.

1236
01:13:13,323 --> 01:13:13,974
OK.

1237
01:13:13,974 --> 01:13:15,928
Do we have a second?

1238
01:13:15,928 --> 01:13:16,905
I'll second.

1239
01:13:16,905 --> 01:13:20,550
Thank you again All in favor.

1240
01:13:20,550 --> 01:13:22,561
Now, please say I. I opposed.

1241
01:13:22,561 --> 01:13:23,385
Any abstentions.

1242
01:13:23,385 --> 01:13:24,510
Motion carries unanimously.

1243
01:13:24,510 --> 01:13:26,737
We're now done with the consent calendar.

1244
01:13:26,737 --> 01:13:29,137
Thank you very much.

1245
01:13:30,630 --> 01:13:34,863
All right, next up is public hearing item 2.1.

1246
01:13:39,483 --> 01:13:42,573
This is an appeal hearing on a planning commission decision

1247
01:13:42,573 --> 01:13:45,693
not to certify the an environmental impact report

1248
01:13:45,693 --> 01:13:48,513
and deny applications for design review

1249
01:13:48,513 --> 01:13:52,593
and a tentative map for a 25 lot residential subdivision located

1250
01:13:52,593 --> 01:13:58,503
on a 72.45 acre parcel on Pearce Road will begin with a report

1251
01:13:58,503 --> 01:14:01,503
from staff followed by council questions of staff.

1252
01:14:01,503 --> 01:14:03,783
After that, the appellant and their representative

1253
01:14:03,783 --> 01:14:07,923
will have a total of ten minutes maximum for opening statements

1254
01:14:07,923 --> 01:14:10,893
after opening remarks will proceed to prior to public

1255
01:14:10,893 --> 01:14:13,963
comment Members of the public will be

1256
01:14:13,963 --> 01:14:15,923
able to comment at that point.

1257
01:14:15,923 --> 01:14:17,883
And we'll talk about that later.

1258
01:14:17,883 --> 01:14:20,123
So Chris, nice to see you.

1259
01:14:20,123 --> 01:14:23,373
And thanks very much Thank you.

1260
01:14:23,373 --> 01:14:24,393
Good evening.

1261
01:14:24,393 --> 01:14:28,593
Mayor Page, Vice Mayor Wailea, council members

1262
01:14:29,430 --> 01:14:32,643
for 72.45 acre of vacant property site

1263
01:14:32,703 --> 01:14:37,683
is located on Pearce Road Intersection of Saratoga Heights

1264
01:14:37,683 --> 01:14:40,683
Drive and HRA Zoning District.

1265
01:14:41,313 --> 01:14:44,943
The average slope of the site is 47%.

1266
01:14:44,943 --> 01:14:48,483
The site is bounded to the north by single family homes

1267
01:14:48,483 --> 01:14:51,393
to the east by Pearce Road and single family

1268
01:14:51,393 --> 01:14:55,293
homes to the south by Highway nine

1269
01:14:55,293 --> 01:15:01,893
and to the west by the mountain winery This project was

1270
01:15:06,273 --> 01:15:08,553
submitted pursuant to the builders

1271
01:15:08,553 --> 01:15:11,643
remaining provision of the housing county Building Act,

1272
01:15:11,643 --> 01:15:16,113
or the HRA, a stated purpose of the HRA

1273
01:15:16,113 --> 01:15:20,793
is to significantly increase the approval and construction

1274
01:15:20,793 --> 01:15:24,813
of new housing for all economic segments of California

1275
01:15:24,813 --> 01:15:28,413
communities by meaningfully in effectively limiting

1276
01:15:28,773 --> 01:15:31,323
the capability of local governments

1277
01:15:31,323 --> 01:15:36,963
to deny we use the density for or rendering feasible

1278
01:15:36,963 --> 01:15:39,363
proposed housing development projects.

1279
01:15:40,983 --> 01:15:46,230
Those remedy is a provision of a as applicable to qualifying

1280
01:15:46,230 --> 01:15:48,230
housing development projects.

1281
01:15:48,303 --> 01:15:53,103
When a preliminary application was submitted before Saratoga

1282
01:15:53,343 --> 01:15:57,543
adopted a substantial, fully compliant housing element,

1283
01:15:57,843 --> 01:16:00,848
the applicant submitted a preliminary application

1284
01:16:00,848 --> 01:16:03,848
for housing development on July 20, 2023,

1285
01:16:05,756 --> 01:16:09,956
after the State deadline for housing adoption

1286
01:16:10,263 --> 01:16:14,643
and before Saratoga adopted a compliant housing element.

1287
01:16:14,643 --> 01:16:18,633
Additionally, the project is subject to the City Code.

1288
01:16:18,633 --> 01:16:21,753
As I stood at the time of the preliminary application

1289
01:16:21,753 --> 01:16:25,353
submittal the HRA Limits Saratoga ability

1290
01:16:34,233 --> 01:16:38,223
to deny or conditionally approve a qualifying housing

1291
01:16:38,223 --> 01:16:39,603
development.

1292
01:16:39,603 --> 01:16:43,743
In addition, the builder's remedy provision of the HRA

1293
01:16:43,743 --> 01:16:47,943
prohibits Saratoga from applying subject active standards

1294
01:16:48,903 --> 01:16:52,503
to the project or relying on inconsistency

1295
01:16:52,503 --> 01:16:55,207
with zoning General plan standards

1296
01:16:55,207 --> 01:16:58,207
as a basis for disapproval.

1297
01:16:58,722 --> 01:17:01,651
The HRA maintains certain authority

1298
01:17:01,651 --> 01:17:05,851
to enforce some objective development standard conditions

1299
01:17:06,723 --> 01:17:09,300
and policies by imposing addition of approval,

1300
01:17:09,300 --> 01:17:13,353
or if the conditions are based on objective standards.

1301
01:17:13,353 --> 01:17:17,883
In effect, at the time, the planning application was filed

1302
01:17:17,883 --> 01:17:21,400
and you're not render the project infeasible or require

1303
01:17:21,400 --> 01:17:24,400
a reduction of proposed density.

1304
01:17:24,453 --> 01:17:28,413
Saratoga does not have authority to impose conditions

1305
01:17:28,413 --> 01:17:34,413
based on subjective standards This is the project site plan.

1306
01:17:38,883 --> 01:17:42,483
The project will include subdividing the site

1307
01:17:42,483 --> 01:17:47,283
to develop 25 single family homes and related improvements,

1308
01:17:47,899 --> 01:17:51,499
including new internal streets, landscaping, utilities,

1309
01:17:52,324 --> 01:17:56,524
and attention and drainage areas Project development

1310
01:17:56,763 --> 01:18:00,963
will be primary, highly concentrated in northern 18.38

1311
01:18:01,893 --> 01:18:07,893
acre portion of the site for the southern 54.06 acre portion

1312
01:18:07,893 --> 01:18:11,553
is not proposed for development except for the construction

1313
01:18:11,553 --> 01:18:16,233
of an emergency access road Lot one through eight

1314
01:18:16,233 --> 01:18:19,113
or located near the entrance to the project

1315
01:18:19,113 --> 01:18:21,663
and adjacent to Pierce Road.

1316
01:18:21,663 --> 01:18:25,443
The dwelling units proposed for East Lot will be two stories

1317
01:18:25,443 --> 01:18:31,443
and 2475ft² and floor area dwelling units and lots one, 2,

1318
01:18:32,210 --> 01:18:35,517
four and eight will be afforded both units and available

1319
01:18:35,517 --> 01:18:37,265
to lower income households.

1320
01:18:37,265 --> 01:18:42,123
Dwelling units on March nine, 425 and report two and three

1321
01:18:42,123 --> 01:18:48,723
stories and range from 5284 to 7891ft² in size for any 6 or 7

1322
01:18:52,503 --> 01:18:54,873
trees proposed for removal.

1323
01:18:54,873 --> 01:18:58,473
The site is zoned residential single family

1324
01:18:58,473 --> 01:19:01,803
dwellings are permitted use in this zoning district.

1325
01:19:01,803 --> 01:19:05,253
The project is not consist with many of the development

1326
01:19:05,253 --> 01:19:09,813
standards, including minimum lot size setbacks, allowable flaw

1327
01:19:09,813 --> 01:19:15,213
area and maximum building height The 25 single family homes

1328
01:19:20,522 --> 01:19:24,420
will be combination both two and three story

1329
01:19:24,420 --> 01:19:26,403
structures featuring a contemporary architectural

1330
01:19:26,403 --> 01:19:27,993
design.

1331
01:19:27,993 --> 01:19:30,243
My presentation will not include details

1332
01:19:30,243 --> 01:19:32,553
of all the structures on the site,

1333
01:19:32,553 --> 01:19:35,913
but instead will include the elevation of just 3,

1334
01:19:35,913 --> 01:19:38,847
2 provide a general idea of your architectural style

1335
01:19:38,847 --> 01:19:40,152
of the project.

1336
01:19:40,152 --> 01:19:44,823
These are the elevations for the home proposed for lot one.

1337
01:19:44,823 --> 01:19:46,413
The homes on lot one through eight,

1338
01:19:46,413 --> 01:19:48,603
which are adjacent to Pierce Road,

1339
01:19:48,603 --> 01:19:52,888
while the same architectural style we have two stories

1340
01:19:52,888 --> 01:19:56,940
and approximately 24ft tall homes and lots one, 2,

1341
01:19:56,940 --> 01:20:00,624
four and eight will be affordable to below market rate

1342
01:20:00,624 --> 01:20:04,824
households Exterior materials will include four neutral

1343
01:20:04,965 --> 01:20:09,970
exterior colors, including off-white and gray color stucco,

1344
01:20:09,970 --> 01:20:14,793
gray board and bat siding brown doors and accent, colors,

1345
01:20:14,793 --> 01:20:20,793
tan color, the stone veneer and brown asphalt shingle roofing.

1346
01:20:23,943 --> 01:20:25,473
These are elevations for lots.

1347
01:20:25,473 --> 01:20:26,853
13.

1348
01:20:26,853 --> 01:20:28,563
The three stories structure will feature

1349
01:20:28,563 --> 01:20:30,813
a contemporary architectural style.

1350
01:20:30,813 --> 01:20:37,923
A height of 29ft, ten inches and a floor area of 6396ft².

1351
01:20:37,923 --> 01:20:40,743
Exterior materials will include stone veneer

1352
01:20:40,743 --> 01:20:46,143
polish siding, cement, plaster and metal trim with elevations.

1353
01:20:50,930 --> 01:20:54,256
Provide 20 for the three story building will include a four car

1354
01:20:54,256 --> 01:20:59,490
garage a height of 42ft, nine inches and floor area

1355
01:20:59,490 --> 01:21:01,490
of 6469ft².

1356
01:21:02,853 --> 01:21:06,783
Exterior material will include a stone veneer, stucco,

1357
01:21:06,783 --> 01:21:08,343
metal trim.

1358
01:21:08,343 --> 01:21:11,583
This is the tallest of 25 homes with the next tallest home

1359
01:21:11,583 --> 01:21:18,183
located on about 12, which would be 35ft eight inches This is

1360
01:21:20,853 --> 01:21:24,363
the streetscape as viewed from Pierce Road at Intersection,

1361
01:21:24,363 --> 01:21:30,123
Emerson State way as illustrated for Homes and lots one through

1362
01:21:30,123 --> 01:21:35,103
three, seven and eight will be visible from Pierce Road with

1363
01:21:35,103 --> 01:21:39,153
remaining home screen from offsite views by topography

1364
01:21:39,153 --> 01:21:45,153
and existing and proposed trees These are the landscape plans

1365
01:21:48,933 --> 01:21:52,623
for the project landscaping will include new trees,

1366
01:21:52,623 --> 01:21:57,303
including Western redbud and coast live oak trees and drought

1367
01:21:57,303 --> 01:21:59,430
tolerant shrubs.

1368
01:21:59,430 --> 01:22:01,230
Additional landscaping will also be

1369
01:22:01,230 --> 01:22:04,293
located adjacent to all access driveways and interior

1370
01:22:04,293 --> 01:22:07,893
roads The perimeters of retention areas

1371
01:22:10,953 --> 01:22:13,773
will be landscape with shrubs and ground covers

1372
01:22:13,773 --> 01:22:15,429
to soften their appearance.

1373
01:22:15,429 --> 01:22:18,779
Each of the homes will be similarly landscaped,

1374
01:22:18,779 --> 01:22:21,385
which offer a consistent appearance, which

1375
01:22:21,385 --> 01:22:25,552
is complementary to the streetscape of the development

1376
01:22:25,552 --> 01:22:32,152
We have this safety in air was prepared for the project.

1377
01:22:35,854 --> 01:22:38,881
And here is an information document

1378
01:22:38,881 --> 01:22:42,753
that discloses to the public and decision makers

1379
01:22:42,753 --> 01:22:45,153
or projects potentially significant

1380
01:22:45,243 --> 01:22:47,243
environmental effects.

1381
01:22:47,913 --> 01:22:51,963
The air also identifies ways to minimize potential effects,

1382
01:22:51,963 --> 01:22:56,163
including identifying a reasonable range of alternatives

1383
01:22:56,433 --> 01:23:01,803
that would reduce or avoid them and your can also conclude that

1384
01:23:01,803 --> 01:23:06,112
a project would have one or more impacts that cannot be reduced

1385
01:23:06,112 --> 01:23:10,233
to below a level of significance EHRs contain information

1386
01:23:10,233 --> 01:23:13,143
on a variety of topics, including potential effects

1387
01:23:13,143 --> 01:23:17,343
on noise statics, revenue data in plants,

1388
01:23:17,643 --> 01:23:22,113
animals habitats such as wetlands fix and residents from

1389
01:23:22,113 --> 01:23:26,343
noise, air pollution and wildfire risk that could be

1390
01:23:26,343 --> 01:23:31,143
exacerbated by a proposed project year provide information

1391
01:23:32,523 --> 01:23:37,700
that conforms decision makers educate the public draft.

1392
01:23:37,700 --> 01:23:42,989
The Air was published for a 45 day review on December 29th

1393
01:23:42,989 --> 01:23:45,989
of 2025 during the review period,

1394
01:23:46,340 --> 01:23:50,193
the city received written comments from public agencies

1395
01:23:50,193 --> 01:23:52,473
and members of the public.

1396
01:23:52,473 --> 01:23:55,623
The city in the sequence of in prepared written responses

1397
01:23:55,623 --> 01:23:59,223
to comments received, which included minor edits

1398
01:23:59,223 --> 01:23:59,854
to the draft.

1399
01:23:59,854 --> 01:24:02,854
Your response is two comments.

1400
01:24:03,483 --> 01:24:07,530
The minor edits to the draft year and mitigation

1401
01:24:07,530 --> 01:24:11,553
monitoring and reporting program make up the final year.

1402
01:24:11,553 --> 01:24:16,239
The final year was posted online on June 20,

1403
01:24:16,239 --> 01:24:18,639
2026 As previously mentioned, Air

1404
01:24:23,101 --> 01:24:26,834
is an informational document that discloses for the public

1405
01:24:26,834 --> 01:24:28,493
and decision makers.

1406
01:24:28,493 --> 01:24:30,693
A project's potential significant environmental

1407
01:24:30,693 --> 01:24:34,293
effects in the air also identifies

1408
01:24:34,653 --> 01:24:39,382
ways to minimize those potential effects, including identify

1409
01:24:39,382 --> 01:24:41,913
within a range of mitigation measures

1410
01:24:41,913 --> 01:24:45,300
that would reduce or avoid them.

1411
01:24:45,300 --> 01:24:48,273
Air can also conclude that our project would have one or more

1412
01:24:48,273 --> 01:24:53,163
impacts that cannot be reduced to below level significance.

1413
01:24:53,163 --> 01:24:56,163
These are referred to as significant and unavoidable

1414
01:24:56,163 --> 01:24:59,163
impacts Proposed project was determined

1415
01:24:59,703 --> 01:25:02,583
to have significant and unavoidable impacts related

1416
01:25:02,583 --> 01:25:07,383
to emergency response and evacuate Burden Sea access

1417
01:25:07,411 --> 01:25:12,211
Wildlands fires conflict with applicable land use plans

1418
01:25:12,387 --> 01:25:15,987
and transportation or vMT so determined

1419
01:25:22,143 --> 01:25:25,398
that the adverse environmental effects of the project

1420
01:25:25,398 --> 01:25:29,496
be maintained, efficient, and unavoidable following adoption

1421
01:25:29,496 --> 01:25:33,960
and implementation and mitigation measures Staff

1422
01:25:33,183 --> 01:25:36,153
is recommending the City Council adopt the statement.

1423
01:25:36,153 --> 01:25:38,553
I'm overriding consideration regarding

1424
01:25:38,673 --> 01:25:41,730
the significant unavoidable impacts

1425
01:25:41,883 --> 01:25:45,630
and the anticipated benefits of the project.

1426
01:25:45,630 --> 01:25:47,463
The city found that each of these benefits included

1427
01:25:47,463 --> 01:25:52,263
in this statement constitute a separate independent ground

1428
01:25:52,323 --> 01:25:54,783
for finding that the benefits of the project

1429
01:25:54,783 --> 01:25:58,233
outweigh the risk of the potential significant adverse

1430
01:25:58,233 --> 01:26:01,953
environmental impacts The benefits of the project that

1431
01:26:01,953 --> 01:26:04,953
justify approval are as follows.

1432
01:26:05,733 --> 01:26:09,663
The proposed project will provide residential uses

1433
01:26:09,663 --> 01:26:12,663
including 20% on site affordable units

1434
01:26:13,773 --> 01:26:15,663
on a site that does not currently

1435
01:26:15,663 --> 01:26:20,763
contain any housing, which will provide housing and help

1436
01:26:20,763 --> 01:26:24,123
to meet the city's Rina obligations Project

1437
01:26:24,123 --> 01:26:28,311
Applicant will dedicate a public trail that provides a community

1438
01:26:28,311 --> 01:26:29,890
benefit.

1439
01:26:29,890 --> 01:26:31,421
The proposed project would provide.

1440
01:26:31,421 --> 01:26:33,754
Well designed ownership residential single family

1441
01:26:33,754 --> 01:26:39,154
housing as diverse as Saratoga has ownership housing supply

1442
01:26:39,543 --> 01:26:43,743
and meet a variety of residents needs

1443
01:26:48,303 --> 01:26:51,813
This project is a cohesive development consisting

1444
01:26:51,813 --> 01:26:55,623
of high quality contemporary urban design features

1445
01:26:55,623 --> 01:26:59,730
that respect and relate as well to its surroundings

1446
01:26:59,730 --> 01:27:03,543
and preserves sensitive features of the project site.

1447
01:27:03,543 --> 01:27:05,313
The proposed project would preserve

1448
01:27:05,313 --> 01:27:10,713
the city's natural beauty and small town residential character

1449
01:27:11,103 --> 01:27:14,973
And lastly, forward project will align with the California goals

1450
01:27:14,973 --> 01:27:19,173
for housing production The draft air concluded

1451
01:27:22,593 --> 01:27:26,763
that the project could result in potentially significant effects

1452
01:27:26,763 --> 01:27:29,793
on the environment and that through the implementation

1453
01:27:29,793 --> 01:27:34,353
of mitigation measures that were incorporated into the project,

1454
01:27:34,353 --> 01:27:37,230
these potential impacts will be reduced to a less

1455
01:27:37,230 --> 01:27:38,943
than significant level.

1456
01:27:38,943 --> 01:27:41,373
These measures include dust control

1457
01:27:41,373 --> 01:27:46,143
during construction protection of certain plants and animals

1458
01:27:46,143 --> 01:27:49,683
loss of a Parian compensation, protection

1459
01:27:49,683 --> 01:27:52,683
of cultural resources, geotechnical investigation

1460
01:27:54,843 --> 01:27:58,443
and paleontological monitoring, greenhouse gas offsets,

1461
01:28:00,693 --> 01:28:04,293
noise mitigation, traffic circulation, energy use

1462
01:28:04,893 --> 01:28:08,493
and wildlife should be wildfire protection.

1463
01:28:12,963 --> 01:28:15,933
This is the list of Project objectives

1464
01:28:15,933 --> 01:28:18,933
these objectives include what designed

1465
01:28:18,963 --> 01:28:22,983
or residential single family housing adds the city's housing

1466
01:28:22,983 --> 01:28:26,583
supply, the addition of housing to help address the city's

1467
01:28:26,583 --> 01:28:30,363
green obligations, the extraction of a water design

1468
01:28:30,363 --> 01:28:30,933
development.

1469
01:28:30,933 --> 01:28:33,784
The sense of the site and surroundings.

1470
01:28:33,784 --> 01:28:35,943
Like I said, development of the service,

1471
01:28:35,943 --> 01:28:41,343
the city's natural beauty and small town character Chivas.

1472
01:28:43,379 --> 01:28:45,708
Streamlined and efficient processing and approval

1473
01:28:45,708 --> 01:28:47,648
of the proposed project.

1474
01:28:47,648 --> 01:28:51,153
Develop the project in an environmentally sensitive manner

1475
01:28:51,153 --> 01:28:56,553
and to create a fire safe community on July 13,

1476
01:29:06,470 --> 01:29:09,813
the applicant submitted an appeal to the City Council

1477
01:29:09,813 --> 01:29:13,413
of the Planning Commission decision July 8th decision

1478
01:29:13,413 --> 01:29:16,773
to deny the project the appeal included a letter from

1479
01:29:16,773 --> 01:29:20,133
the applicants attorney, which included just applications

1480
01:29:20,133 --> 01:29:24,933
of why the Planning Commission erred in their decision.

1481
01:29:24,933 --> 01:29:27,453
The applicant stated basis for the appeal

1482
01:29:27,453 --> 01:29:30,303
that the projects are protected by the housing Accountability

1483
01:29:30,303 --> 01:29:32,483
Act and the builders.

1484
01:29:32,483 --> 01:29:34,743
Many provisions of the HOA.

1485
01:29:34,743 --> 01:29:39,183
It cannot be lawfully disapproved are also mentions

1486
01:29:39,183 --> 01:29:42,445
the potential legal remedies available to the applicant

1487
01:29:42,445 --> 01:29:47,245
and the city does not approve the project.

1488
01:29:50,253 --> 01:29:51,723
These are some of your findings.

1489
01:29:51,723 --> 01:29:54,813
The Council is to make to approve the project.

1490
01:29:54,813 --> 01:29:58,553
These findings serve as the basis for the Council decision.

1491
01:29:58,553 --> 01:30:00,303
The Council is determined that the project

1492
01:30:00,303 --> 01:30:02,430
meets these findings.

1493
01:30:02,430 --> 01:30:04,240
Details not related to these findings

1494
01:30:04,240 --> 01:30:08,193
or effectively beyond the scope of the Council's review,

1495
01:30:08,193 --> 01:30:11,463
where there would be an issue with making a particular finding

1496
01:30:11,463 --> 01:30:14,103
without altering the design element of the project

1497
01:30:14,103 --> 01:30:17,130
to meet this finding which could have resulted affecting

1498
01:30:17,130 --> 01:30:21,663
the project's feasibility VHA limits the city from using such

1499
01:30:21,663 --> 01:30:28,263
a finding to deny the project or impact conditions The project

1500
01:30:29,980 --> 01:30:31,795
is not consistent with findings.

1501
01:30:31,795 --> 01:30:33,795
One, 4, 6 and 7.

1502
01:30:34,215 --> 01:30:36,873
However, and the builders remedy provisions of the Housing

1503
01:30:36,873 --> 01:30:38,433
Accountability Act.

1504
01:30:38,433 --> 01:30:41,973
Such inconsistencies may not be the basis for denying

1505
01:30:41,973 --> 01:30:43,953
design review for the project.

1506
01:30:43,953 --> 01:30:47,553
Therefore, the proposed resolution recommends approval.

1507
01:30:48,300 --> 01:30:49,593
More details on each of the findings

1508
01:30:49,593 --> 01:30:52,593
included in the staff report.

1509
01:30:54,673 --> 01:30:58,383
The city Code provides that any tentative map should not

1510
01:30:58,383 --> 01:31:00,782
be approved unless these nine tentative map

1511
01:31:00,782 --> 01:31:03,300
findings can be made.

1512
01:31:03,300 --> 01:31:07,313
The project is not consistent with findings one, two and 4.

1513
01:31:07,313 --> 01:31:11,146
However, under the DOJ Remedy provision of the HRA,

1514
01:31:11,146 --> 01:31:13,586
such inconsistency may not be the basis

1515
01:31:13,586 --> 01:31:17,613
for disapproval in the tentative map proposed resolution.

1516
01:31:17,613 --> 01:31:19,803
Therefore, does not make this negative.

1517
01:31:19,803 --> 01:31:24,300
Finding The staff report includes evidence concerning

1518
01:31:26,103 --> 01:31:28,203
each of these findings, and that evidence

1519
01:31:28,203 --> 01:31:31,803
supports approval of the map traffic

1520
01:31:35,240 --> 01:31:39,993
commends the City Council uphold the repeal, thereby approving

1521
01:31:39,993 --> 01:31:43,293
the project and take the following actions.

1522
01:31:43,293 --> 01:31:46,443
Adopt the attached resolution making the appropriate

1523
01:31:46,443 --> 01:31:47,943
seek of findings.

1524
01:31:47,943 --> 01:31:51,273
Adopting the statement of overriding considerations

1525
01:31:51,273 --> 01:31:54,393
certifying the final Environmental Impact Report

1526
01:31:54,393 --> 01:31:56,943
and adopting a mitigation monitoring

1527
01:31:56,943 --> 01:32:00,930
and reporting program for the project

1528
01:32:00,930 --> 01:32:02,163
and adopt the attached resolution

1529
01:32:02,163 --> 01:32:05,523
and traditionally approve an application for design, review

1530
01:32:05,523 --> 01:32:06,903
and tentative map.

1531
01:32:06,903 --> 01:32:10,503
Subdivide a 72.45 acre parcel into 25 lots

1532
01:32:12,603 --> 01:32:15,603
and construct 25 single family dwellings

1533
01:32:15,603 --> 01:32:18,993
for the proposed assign estates development.

1534
01:32:18,993 --> 01:32:21,753
Besides city staff, the following personnel

1535
01:32:21,753 --> 01:32:24,663
are available this evening to address any questions city

1536
01:32:24,663 --> 01:32:28,530
Council might have regarding the project.

1537
01:32:28,530 --> 01:32:31,137
This could Church from Fear and Pierce Fear and fears.

1538
01:32:31,137 --> 01:32:34,650
The city's traffic consultant, Matt mcKenna

1539
01:32:34,650 --> 01:32:36,881
and Brad Fox from County Fire.

1540
01:32:36,881 --> 01:32:40,903
Jason Brandman and Jana for the Debogorski and First Carbon

1541
01:32:40,903 --> 01:32:41,708
Solutions.

1542
01:32:41,708 --> 01:32:44,403
They both work with city staff and prep

1543
01:32:44,403 --> 01:32:49,830
the R and Trish to learn from ex-con consultants and Grace

1544
01:32:49,830 --> 01:32:51,570
Caskey from Kerrison associates.

1545
01:32:51,570 --> 01:32:52,694
These are the traffic assortments

1546
01:32:52,694 --> 01:32:54,986
that provided information to first Carbon Solutions

1547
01:32:54,986 --> 01:32:56,295
for the year.

1548
01:32:56,295 --> 01:32:58,914
There are both attending the meeting remotely.

1549
01:32:58,914 --> 01:33:00,551
This concludes my report.

1550
01:33:00,551 --> 01:33:01,533
Thank you.

1551
01:33:01,533 --> 01:33:03,533
You.

1552
01:33:03,843 --> 01:33:05,843
Thank you, Chris.

1553
01:33:05,973 --> 01:33:07,413
Questions of staff.

1554
01:33:07,413 --> 01:33:09,413
Tina.

1555
01:33:10,263 --> 01:33:13,550
Chris thank you so much for your report.

1556
01:33:13,550 --> 01:33:17,493
And I have I'm going to keep my questions contained here.

1557
01:33:17,493 --> 01:33:20,208
I'm to make come back with more in the interest of time,

1558
01:33:20,208 --> 01:33:20,708
I'm sure.

1559
01:33:20,708 --> 01:33:21,375
Keep in contact.

1560
01:33:21,375 --> 01:33:22,203
Thank you.

1561
01:33:22,203 --> 01:33:27,543
So, Chris, my first question is for this project site According

1562
01:33:27,543 --> 01:33:32,433
to the general plan, how many units would be allowed

1563
01:33:32,433 --> 01:33:36,873
or what's the density allowed per our general plan for this

1564
01:33:36,873 --> 01:33:38,236
whole project ?

1565
01:33:38,236 --> 01:33:38,998
Four acres.

1566
01:33:38,998 --> 01:33:41,281
I don't have a number off my head.

1567
01:33:41,281 --> 01:33:42,296
I don't know.

1568
01:33:42,296 --> 01:33:43,311
I think this.

1569
01:33:43,311 --> 01:33:46,823
I think staff Nine I want to say they're confident.

1570
01:33:46,823 --> 01:33:48,410
We believe it's nine.

1571
01:33:48,410 --> 01:33:49,450
Okay.

1572
01:33:49,450 --> 01:33:50,633
Could someone meanwhile check?

1573
01:33:50,633 --> 01:33:51,903
That'd be great.

1574
01:33:51,903 --> 01:33:54,760
And if we just name or double check.

1575
01:33:54,760 --> 01:33:57,753
OK, so let's say general plan allows

1576
01:33:57,753 --> 01:34:01,353
nine units and the proposal is 25.

1577
01:34:01,803 --> 01:34:02,703
Okay.

1578
01:34:02,703 --> 01:34:08,103
And this project application has been approved or gone

1579
01:34:12,330 --> 01:34:13,563
through County Fire Review.

1580
01:34:13,563 --> 01:34:16,308
Can you help us a little bit more about that?

1581
01:34:16,308 --> 01:34:20,283
And if you need, just ask the County Fire folks to be here.

1582
01:34:20,283 --> 01:34:22,942
It has received fire department clearance to proceed.

1583
01:34:22,942 --> 01:34:25,793
So we have Fire Council fire approval.

1584
01:34:25,793 --> 01:34:28,644
Yes, we have County Fire approval.

1585
01:34:28,644 --> 01:34:29,357
Yes.

1586
01:34:29,357 --> 01:34:30,700
OK.

1587
01:34:30,700 --> 01:34:32,398
Did they put any conditions of approval

1588
01:34:32,398 --> 01:34:34,617
or did they just review it?

1589
01:34:34,617 --> 01:34:37,787
They have they have some conditions, maybe best,

1590
01:34:37,787 --> 01:34:42,299
the ones to address the question on fire OK.

1591
01:34:42,299 --> 01:34:44,293
That will be great.

1592
01:34:44,293 --> 01:34:46,686
If they could help us.

1593
01:34:46,686 --> 01:34:49,860
Thanks, Chris for the.

1594
01:34:55,563 --> 01:34:56,113
Good evening.

1595
01:34:56,113 --> 01:34:56,613
Mayor.

1596
01:34:56,613 --> 01:35:00,603
Vice Mayor council Brad Fox, acting fire marshal

1597
01:35:00,603 --> 01:35:02,603
for County Fire.

1598
01:35:02,763 --> 01:35:07,173
We did review the project for compliance with the California

1599
01:35:07,173 --> 01:35:13,173
fire Code and the minimums State minimum fire safe regulations.

1600
01:35:13,443 --> 01:35:15,723
And to be clear, our scope of review

1601
01:35:15,723 --> 01:35:19,830
for the project at this point is the acts

1602
01:35:19,830 --> 01:35:22,983
as to the project and the water supply.

1603
01:35:22,983 --> 01:35:25,983
So that's our scope of the review

1604
01:35:25,983 --> 01:35:30,783
The project did meet all of the requirements,

1605
01:35:30,933 --> 01:35:33,633
but I want to be transparent that in meeting

1606
01:35:33,633 --> 01:35:38,433
those requirements they needed to get a exception

1607
01:35:39,365 --> 01:35:42,543
request to the state minimum fire safe regs

1608
01:35:42,543 --> 01:35:46,383
because they were not able to meet

1609
01:35:46,383 --> 01:35:48,513
some of the prescriptive requirements.

1610
01:35:48,513 --> 01:35:52,353
That exception request is part of the process of the state

1611
01:35:52,353 --> 01:35:53,493
minimum fire safe regs.

1612
01:35:53,493 --> 01:35:55,623
So it is included in the process.

1613
01:35:55,623 --> 01:35:57,303
But that's where our conditions come in.

1614
01:35:57,303 --> 01:36:01,383
So it's similar to maybe you're familiar with an alternate means

1615
01:36:01,383 --> 01:36:07,383
or methods that we typically see in the building department.

1616
01:36:08,878 --> 01:36:14,278
So the project has offered mitigation for the areas

1617
01:36:17,973 --> 01:36:20,823
where they are not meeting that prescriptive code

1618
01:36:20,823 --> 01:36:26,130
in that exception request that provides same practical effect.

1619
01:36:26,130 --> 01:36:29,133
I can go into more detail on that if you'd like,

1620
01:36:29,133 --> 01:36:33,543
or I can pause a little bit more at a higher level.

1621
01:36:33,543 --> 01:36:37,563
At a conceptual level, would be very helpful, but not so detail

1622
01:36:37,563 --> 01:36:38,983
in the interest of time.

1623
01:36:38,983 --> 01:36:39,483
Sure.

1624
01:36:39,483 --> 01:36:41,343
Understood.

1625
01:36:41,343 --> 01:36:47,283
So that to the areas that were deficient are there.

1626
01:36:47,283 --> 01:36:49,733
There's a section of Toll Gate Road

1627
01:36:49,733 --> 01:36:52,183
which is used as the access.

1628
01:36:52,183 --> 01:36:54,983
That's the primary access for the fire department

1629
01:36:54,983 --> 01:36:56,983
that exceeds 15%.

1630
01:36:57,603 --> 01:37:02,433
That is the requirement that's set by the state.

1631
01:37:02,433 --> 01:37:05,433
However, the requirement allows them

1632
01:37:06,510 --> 01:37:09,303
to go up to 20% with mitigate.

1633
01:37:09,303 --> 01:37:14,190
And so, I believe there's a 300 or less foot section that

1634
01:37:14,190 --> 01:37:17,190
has a slope of 16 to 18%.

1635
01:37:17,298 --> 01:37:21,184
So it's a it's a little over the 15%.

1636
01:37:21,184 --> 01:37:24,184
So that was one factor.

1637
01:37:24,273 --> 01:37:28,830
The other factor is that the state minimum fire safety

1638
01:37:28,830 --> 01:37:34,830
regs also require a 30 foot setback for from property lines

1639
01:37:34,563 --> 01:37:39,723
or roads for parcels that are located in the very high fire

1640
01:37:39,723 --> 01:37:41,313
hazard severity zone.

1641
01:37:41,313 --> 01:37:43,743
This project, some of the parcels

1642
01:37:43,743 --> 01:37:46,713
are located in that very high fire hazard severity zone

1643
01:37:46,713 --> 01:37:48,843
and are subject to that requirement

1644
01:37:48,843 --> 01:37:52,593
And some of the parcels are not there and a high fire hazard

1645
01:37:52,593 --> 01:37:54,603
severity zone, they are not subject to it.

1646
01:37:54,603 --> 01:37:58,473
So some of the parcels do not have the 30 foot

1647
01:37:58,473 --> 01:38:00,243
setback to the property line.

1648
01:38:00,243 --> 01:38:05,643
However, they all have the parcels have 30ft between

1649
01:38:07,143 --> 01:38:12,403
structure layers and really, that is the intent of that code

1650
01:38:12,403 --> 01:38:15,483
because we're trying to prevent structure destruction

1651
01:38:15,483 --> 01:38:22,230
or ignition and thereby normally when you're thinking of a single

1652
01:38:22,230 --> 01:38:24,628
lot development, you can't control what's on the other side

1653
01:38:24,628 --> 01:38:25,503
of the property line.

1654
01:38:25,503 --> 01:38:29,463
Hence 30ft to the property line and this development there

1655
01:38:29,463 --> 01:38:33,663
develop in a larger multi lot development.

1656
01:38:33,723 --> 01:38:37,623
So they can control the distance from structure to structure,

1657
01:38:37,623 --> 01:38:40,623
which is maintaining that 30ft.

1658
01:38:40,863 --> 01:38:43,530
Additionally, the project is putting in no

1659
01:38:43,530 --> 01:38:46,175
build easements for those spaces between the structures

1660
01:38:46,175 --> 01:38:50,683
that are deficient to make sure that in the future.

1661
01:38:50,683 --> 01:38:53,703
There's not additions or any use put there that

1662
01:38:53,703 --> 01:38:55,803
would decrease the distance.

1663
01:38:55,803 --> 01:38:57,328
There's other mitigating features

1664
01:38:57,328 --> 01:38:58,953
that they're offering as well, but that

1665
01:38:58,953 --> 01:39:02,581
would be diving into the weeds, which i won't do at this time.

1666
01:39:02,581 --> 01:39:03,810
Thank you.

1667
01:39:03,810 --> 01:39:05,523
We'll keep the weeds out.

1668
01:39:05,523 --> 01:39:07,473
Better for fire prevention.

1669
01:39:07,473 --> 01:39:09,363
So let me get this straight.

1670
01:39:09,363 --> 01:39:15,333
The 30 foot requirement of the setback is for very high fire

1671
01:39:15,333 --> 01:39:19,293
hazard severity zones and some of those parcels that are

1672
01:39:19,293 --> 01:39:25,473
in those zones meet the 30ft because I heard some parcels

1673
01:39:25,473 --> 01:39:26,763
meet the 30, some don't.

1674
01:39:26,763 --> 01:39:31,263
But I also heard some parcels are in very high fire hazard

1675
01:39:31,263 --> 01:39:35,793
severity zones and some are in high fire hazard severity zones.

1676
01:39:35,793 --> 01:39:38,193
So maybe somebody can check this I

1677
01:39:38,193 --> 01:39:42,843
would like to know this sometime in the course of this evening.

1678
01:39:42,843 --> 01:39:44,553
If you don't have the answer right now.

1679
01:39:44,553 --> 01:39:49,443
Sure, I'm sure the project can specify which lots meet it

1680
01:39:49,443 --> 01:39:50,673
and which don't.

1681
01:39:50,673 --> 01:39:55,833
But to be clear, if a parcel is only in the high, not

1682
01:39:55,833 --> 01:40:00,330
the very high, they don't have to meet the 30 foot setback

1683
01:40:00,330 --> 01:40:01,983
requirement and that's my question there.

1684
01:40:01,983 --> 01:40:06,273
The requirement is 30ft, which is very high fire hazard

1685
01:40:06,273 --> 01:40:07,863
severity zones.

1686
01:40:07,863 --> 01:40:10,143
Does it meet in all those parcels?

1687
01:40:10,143 --> 01:40:12,483
And if it is high, the requirement is not 30.

1688
01:40:12,483 --> 01:40:15,303
So then it is not that technicalities deficient.

1689
01:40:15,303 --> 01:40:17,553
I hear you that the structures all three feet.

1690
01:40:17,553 --> 01:40:21,183
So from a safety perspective, it seems okay,

1691
01:40:21,183 --> 01:40:24,300
but the requirement perspective very high.

1692
01:40:24,300 --> 01:40:29,458
Do all the very high ones have the 30ft setback as required not

1693
01:40:29,458 --> 01:40:30,333
to the property line?

1694
01:40:30,333 --> 01:40:32,727
And that's why I bring them up as something

1695
01:40:32,727 --> 01:40:35,547
that they had to mitigate through the exception request.

1696
01:40:35,547 --> 01:40:36,111
OK.

1697
01:40:36,111 --> 01:40:37,521
That's that sort of.

1698
01:40:37,521 --> 01:40:39,777
So they have 30ft structure to structure,

1699
01:40:39,777 --> 01:40:42,453
but not to the property line in some cases for some

1700
01:40:42,453 --> 01:40:44,733
of the parcels even we are required.

1701
01:40:44,733 --> 01:40:45,573
Correct.

1702
01:40:45,573 --> 01:40:46,113
Thank you.

1703
01:40:46,113 --> 01:40:48,513
That is very helpful.

1704
01:40:48,513 --> 01:40:50,643
And the other part, the very high level

1705
01:40:50,643 --> 01:40:53,570
question, I just want to be clear.

1706
01:40:53,570 --> 01:40:57,573
I heard from you that the scope of review

1707
01:40:57,573 --> 01:41:03,270
was limited to access to the project and the water supply.

1708
01:41:03,270 --> 01:41:07,958
So if the project were to be approved then

1709
01:41:07,958 --> 01:41:12,131
it goes back to County Fire at some stage for building.

1710
01:41:12,131 --> 01:41:14,566
And yeah, during building permitting,

1711
01:41:14,566 --> 01:41:19,714
we will also review the project building department has

1712
01:41:19,714 --> 01:41:22,383
the primary responsibility for reviewing

1713
01:41:22,383 --> 01:41:25,773
the specific structures of the building code

1714
01:41:25,773 --> 01:41:28,893
will review additional things like sprinkler

1715
01:41:28,893 --> 01:41:31,203
systems or e-waste systems.

1716
01:41:31,203 --> 01:41:35,103
And we also look to make sure that the project is complied

1717
01:41:35,103 --> 01:41:37,426
with all of the mitigate rating features

1718
01:41:37,426 --> 01:41:40,810
that they are putting into the project.

1719
01:41:40,810 --> 01:41:43,399
Now at this time, for the tentative map.

1720
01:41:43,399 --> 01:41:44,630
Okay.

1721
01:41:44,630 --> 01:41:47,446
So that is a really related to the structures themselves,

1722
01:41:47,446 --> 01:41:48,210
correct?

1723
01:41:48,210 --> 01:41:49,170
At that stage?

1724
01:41:49,170 --> 01:41:49,745
OK.

1725
01:41:49,745 --> 01:41:50,607
Thank you.

1726
01:41:50,607 --> 01:41:52,618
Thank you very much, Mayor.

1727
01:41:52,618 --> 01:41:56,294
I have One question for your parent peers.

1728
01:41:56,294 --> 01:41:58,231
Actually, maybe two.

1729
01:41:58,231 --> 01:42:00,943
I just want to understand, there's

1730
01:42:00,943 --> 01:42:06,300
been a lot of communication from residents about the evacuation

1731
01:42:06,300 --> 01:42:08,163
times and the reports.

1732
01:42:08,163 --> 01:42:09,753
So I have a couple of questions.

1733
01:42:09,753 --> 01:42:12,211
I would like to address the question about the general plan

1734
01:42:12,211 --> 01:42:15,923
before we move forward to be nine units for the general plan

1735
01:42:15,923 --> 01:42:16,663
designation.

1736
01:42:16,663 --> 01:42:17,773
Thank you.

1737
01:42:17,773 --> 01:42:18,883
You're welcome.

1738
01:42:18,883 --> 01:42:20,883
Thanks.

1739
01:42:24,903 --> 01:42:27,213
Good evening, Mayor Vice Mayor Francisco Church

1740
01:42:27,213 --> 01:42:27,995
with Faron Pierce.

1741
01:42:27,995 --> 01:42:29,793
Good to see everybody.

1742
01:42:29,793 --> 01:42:30,813
Thank you.

1743
01:42:30,813 --> 01:42:33,330
And thank you for your work on this.

1744
01:42:33,330 --> 01:42:36,633
Francisco So I'm trying to understand,

1745
01:42:41,523 --> 01:42:45,300
we have gone through the report as the overall for the city,

1746
01:42:45,300 --> 01:42:49,743
the Fair Peers Evaluation study that came to us, I think,

1747
01:42:49,743 --> 01:42:51,543
a couple of months ago.

1748
01:42:51,543 --> 01:42:53,643
And from my level of understanding,

1749
01:42:53,643 --> 01:42:56,553
it talks of the existing conditions in the city

1750
01:42:56,553 --> 01:43:00,753
the development with the Builders Remedy Project.

1751
01:43:04,203 --> 01:43:06,844
And then Third is development with as remedy

1752
01:43:06,844 --> 01:43:10,751
in all other future possible development as in the planning.

1753
01:43:10,751 --> 01:43:13,237
I'm just putting paraphrasing very roughly.

1754
01:43:13,237 --> 01:43:20,373
So what the key question for me is those numbers are huge.

1755
01:43:20,373 --> 01:43:22,373
Molotov for development.

1756
01:43:23,733 --> 01:43:28,533
How can we separate out the impact fact

1757
01:43:28,533 --> 01:43:31,953
of this project on evacuation from Pierce Road,

1758
01:43:31,953 --> 01:43:34,750
I saw something in the staff report,

1759
01:43:34,750 --> 01:43:35,748
which talks of smaller numbers.

1760
01:43:35,748 --> 01:43:37,699
Can you help us understand that?

1761
01:43:37,699 --> 01:43:40,487
And then I will ask you one more question.

1762
01:43:40,487 --> 01:43:43,545
Yeah happy to try to decipher the different parts.

1763
01:43:43,545 --> 01:43:45,300
So the report that you're referring

1764
01:43:45,300 --> 01:43:47,403
to that we presented, I believe, and June

1765
01:43:47,403 --> 01:43:50,763
or July of this year as the evacuation time assessment

1766
01:43:50,763 --> 01:43:54,993
That does to your point, look cumulatively at the entire city

1767
01:43:54,993 --> 01:43:58,833
at what it would take to evacuate residents

1768
01:43:58,833 --> 01:44:01,413
and employees within the evacuee shouldn't

1769
01:44:01,413 --> 01:44:02,793
like the high fire zones and what

1770
01:44:02,793 --> 01:44:05,373
it would take to evacuate them.

1771
01:44:05,373 --> 01:44:08,493
We looked at that cumulatively because it

1772
01:44:08,493 --> 01:44:11,313
looks at the total development, as you mentioned,

1773
01:44:11,313 --> 01:44:13,263
under various scenarios.

1774
01:44:13,263 --> 01:44:16,426
And so that analysis study would not be able to discern,

1775
01:44:16,426 --> 01:44:19,503
especially visually what this project's contribution would

1776
01:44:19,503 --> 01:44:21,663
be to that study, because there's

1777
01:44:21,663 --> 01:44:25,983
a cumulative number, the applicant and air itself

1778
01:44:25,983 --> 01:44:29,493
has prepared evacuation analysis that looks specifically just

1779
01:44:29,493 --> 01:44:30,903
at the site itself.

1780
01:44:30,903 --> 01:44:35,463
I will just note that the methodology and the methodology

1781
01:44:35,463 --> 01:44:37,980
for the to evacuate in time analysis

1782
01:44:37,980 --> 01:44:38,223
are a little bit different.

1783
01:44:38,223 --> 01:44:42,423
So they're not apples to apples comparisons.

1784
01:44:42,873 --> 01:44:46,406
Would you be comfortable to answer more or you would rather

1785
01:44:46,406 --> 01:44:48,942
leave it for either staff or for the applicant

1786
01:44:48,942 --> 01:44:50,351
to talk about that?

1787
01:44:50,351 --> 01:44:53,733
I can try to answer as much as I can here.

1788
01:44:53,733 --> 01:44:54,860
I'm happy to.

1789
01:44:54,860 --> 01:44:57,930
Sure So what numbers are we talking

1790
01:44:57,930 --> 01:44:59,403
in terms of the impact of that specific

1791
01:44:59,403 --> 01:45:01,803
of this specific project?

1792
01:45:01,968 --> 01:45:03,783
So maybe then I'll have some I don't

1793
01:45:03,783 --> 01:45:05,403
know all the specific numbers I think

1794
01:45:05,403 --> 01:45:07,695
we have somebody here can speak to the specific numbers

1795
01:45:07,695 --> 01:45:08,468
from that study.

1796
01:45:08,468 --> 01:45:09,300
Okay.

1797
01:45:09,300 --> 01:45:13,203
Maybe the applicant can respond to that.

1798
01:45:14,172 --> 01:45:18,972
I have a different question for your report.

1799
01:45:19,962 --> 01:45:25,293
What it your methodology for the evacuation times for the city,

1800
01:45:25,293 --> 01:45:28,893
as you said, various developmental scenarios

1801
01:45:32,403 --> 01:45:34,143
there were various assumptions made

1802
01:45:34,143 --> 01:45:41,163
as for any study at a high level, what kind of assumptions

1803
01:45:41,163 --> 01:45:45,963
were factored into failures on a Pierce Road?

1804
01:45:47,553 --> 01:45:51,153
General in the hillsides or specifically

1805
01:45:51,363 --> 01:45:55,563
for Pierce Road around this project site

1806
01:45:56,730 --> 01:46:00,810
there, we understand in the geologic conditions,

1807
01:46:00,810 --> 01:46:01,679
the landslide conditions.

1808
01:46:01,679 --> 01:46:05,275
And so on and so forth was some kind

1809
01:46:05,275 --> 01:46:09,270
of a failure included in your methods ology?

1810
01:46:09,270 --> 01:46:15,270
Well, yeah, the short answer is the evacuation time analysis

1811
01:46:16,128 --> 01:46:18,968
does not include any roadway failures or closures.

1812
01:46:18,968 --> 01:46:21,177
And the analysis, the previous analysis

1813
01:46:21,177 --> 01:46:25,173
that we did in 2025, which was more of a planning level

1814
01:46:25,173 --> 01:46:27,630
assessment that looked at capacity

1815
01:46:27,630 --> 01:46:30,333
ratios of the volume of the evacuation vehicle volume

1816
01:46:30,333 --> 01:46:32,193
versus the capacity of the roadway

1817
01:46:32,193 --> 01:46:36,753
did qualitatively you talk about the closure of some roadways,

1818
01:46:36,753 --> 01:46:39,153
particularly on Pierce Road and how that

1819
01:46:39,153 --> 01:46:41,283
would affect the evacuation.

1820
01:46:41,283 --> 01:46:42,783
But it was a qualitative assessment.

1821
01:46:42,783 --> 01:46:47,583
But the most recent evacuation time did not.

1822
01:46:51,903 --> 01:46:56,313
How could we factor or I'm hearing two things from you.

1823
01:46:56,313 --> 01:46:56,914
Very helpful.

1824
01:46:56,914 --> 01:46:58,425
Thank you.

1825
01:46:58,425 --> 01:47:00,633
And I'm struggling to ask you the question, how do we

1826
01:47:00,633 --> 01:47:06,633
factor that into assessing the situation that this project is

1827
01:47:08,313 --> 01:47:10,736
or the impact this project is going to have?

1828
01:47:10,736 --> 01:47:12,153
If you're looking for specifically

1829
01:47:12,153 --> 01:47:13,570
if what the impact of this project

1830
01:47:13,570 --> 01:47:17,673
that I'll defer to the applicant and their travel time analysis.

1831
01:47:17,673 --> 01:47:20,133
But I think the way to maybe think about the city study,

1832
01:47:20,133 --> 01:47:21,813
it really does helps to understand

1833
01:47:21,813 --> 01:47:23,583
cumulative tively over time.

1834
01:47:23,583 --> 01:47:26,403
If these developments are all approved and once they're today,

1835
01:47:26,403 --> 01:47:28,830
what would that mean to the city?

1836
01:47:28,830 --> 01:47:30,213
Where are the constraints operationally

1837
01:47:30,213 --> 01:47:33,666
that the city should consider and that then helps the city,

1838
01:47:33,666 --> 01:47:35,968
then think about what are the possible solutions

1839
01:47:35,968 --> 01:47:37,983
to help might to help improve evacuation

1840
01:47:37,983 --> 01:47:40,383
times throughout the city.

1841
01:47:40,711 --> 01:47:41,802
OK.

1842
01:47:41,802 --> 01:47:48,402
I will stop asking that specific question for now Last question,

1843
01:47:49,126 --> 01:47:51,526
Mary, if I may.

1844
01:47:51,575 --> 01:47:52,392
OK.

1845
01:47:52,392 --> 01:47:56,474
This is a question for Richard and his team.

1846
01:47:56,474 --> 01:48:01,203
So Richard, I heard Chris refer multiple times, even

1847
01:48:01,203 --> 01:48:03,633
in his presentation today, in addition to the staff

1848
01:48:03,633 --> 01:48:05,703
report that we have, the whole agenda packet

1849
01:48:05,703 --> 01:48:10,985
talks multiple times of refers to the housing accountability

1850
01:48:10,985 --> 01:48:18,363
Act and that builder's remedy is a provision of the HRA and HRA

1851
01:48:18,363 --> 01:48:18,963
limits.

1852
01:48:18,963 --> 01:48:22,263
The housing Accountability Act limits the city's ability

1853
01:48:22,263 --> 01:48:27,263
to deny or conditionally approve a qualifying housing development

1854
01:48:27,263 --> 01:48:28,500
project.

1855
01:48:28,500 --> 01:48:33,300
And objectives standards in place at the time,

1856
01:48:35,700 --> 01:48:40,820
the preliminary application was received by the city,

1857
01:48:40,820 --> 01:48:47,282
which I know you saw Chris, give a date of June 20th, 2023.

1858
01:48:47,329 --> 01:48:50,823
So can you help us understand what

1859
01:48:50,823 --> 01:48:55,623
would be the possible not the objective standards,

1860
01:48:55,923 --> 01:49:03,442
but what are the things we need to what would give the Council

1861
01:49:03,442 --> 01:49:04,253
authority?

1862
01:49:04,253 --> 01:49:07,940
What criteria do we needed to meet

1863
01:49:07,940 --> 01:49:10,773
to be able to say if the council were to field

1864
01:49:10,773 --> 01:49:12,303
this doesn't meet standards.

1865
01:49:12,303 --> 01:49:14,193
These are the impacts.

1866
01:49:14,193 --> 01:49:15,753
What would give?

1867
01:49:15,753 --> 01:49:19,443
What all do we need to satisfy the criteria to be able to deny

1868
01:49:19,443 --> 01:49:21,843
abilities from any project?

1869
01:49:23,793 --> 01:49:27,813
I'm going to introduce my colleague, Gabe Ross who

1870
01:49:27,813 --> 01:49:30,153
is our officers expert on this project

1871
01:49:30,153 --> 01:49:31,893
and has been working with staff.

1872
01:49:31,893 --> 01:49:36,303
And I'll have him give a short answer to that question.

1873
01:49:36,303 --> 01:49:39,633
And you can see if you have followed.

1874
01:49:39,633 --> 01:49:41,633
Thank you, Richard.

1875
01:49:41,823 --> 01:49:45,300
So under the builder's remedy provisions of the Housing

1876
01:49:45,300 --> 01:49:47,973
Accountability Act, as you said, Vice mayor,

1877
01:49:47,973 --> 01:49:53,643
we have very narrow reasons why we, the city council,

1878
01:49:53,643 --> 01:49:55,113
could deny a project.

1879
01:49:55,113 --> 01:49:57,753
And I think the one that you're asking about

1880
01:49:57,753 --> 01:50:00,753
is if the project is inconsistent

1881
01:50:00,753 --> 01:50:05,553
with a specific objective written health and safety

1882
01:50:06,508 --> 01:50:09,217
standard that was in place at the time

1883
01:50:09,217 --> 01:50:10,910
of the preliminary application.

1884
01:50:10,910 --> 01:50:13,773
If if the project were inconsistent with such

1885
01:50:13,773 --> 01:50:17,223
a standard, that could be a reason for the City Council

1886
01:50:17,223 --> 01:50:21,630
to deny the project consistent with the Housing Accountability

1887
01:50:21,630 --> 01:50:26,463
Act and the builders remedy Do we have any?

1888
01:50:27,333 --> 01:50:29,673
And so that date would be at the time,

1889
01:50:29,673 --> 01:50:32,505
would that be the date that chris mentioned,

1890
01:50:32,505 --> 01:50:34,505
June of 2023, Correct.

1891
01:50:34,931 --> 01:50:36,144
What standards.

1892
01:50:36,144 --> 01:50:40,944
If any, did we have at that time ?

1893
01:50:41,916 --> 01:50:45,912
We did not have at that time, any standard that

1894
01:50:45,912 --> 01:50:48,930
meets the qualifications that I just

1895
01:50:48,930 --> 01:50:51,000
stated that relates to evacuation time

1896
01:50:51,000 --> 01:50:56,329
or to the wildfire question that that you've been discussing.

1897
01:50:56,329 --> 01:50:57,298
Okay.

1898
01:50:57,298 --> 01:50:59,298
Okay Thank you.

1899
01:51:00,959 --> 01:51:02,491
Thank you so much.

1900
01:51:02,491 --> 01:51:05,556
I'll hold the rest of my questions to later.

1901
01:51:05,556 --> 01:51:06,476
Thank you.

1902
01:51:06,476 --> 01:51:09,476
OK Who else got questions?

1903
01:51:10,143 --> 01:51:11,983
I know Tina asked them all.

1904
01:51:11,983 --> 01:51:12,483
Go ahead.

1905
01:51:12,483 --> 01:51:14,730
Yes.

1906
01:51:14,730 --> 01:51:20,673
Just a few quick questions and the first one, the year.

1907
01:51:20,775 --> 01:51:26,763
I didn't find the projects, VMT is approximately 25 and compared

1908
01:51:26,763 --> 01:51:31,323
with the county wide, a threshold of 11 kind of staff

1909
01:51:31,323 --> 01:51:33,323
or maybe Franciscan.

1910
01:51:33,573 --> 01:51:38,218
Explain to us what is the value data for existing residence

1911
01:51:38,218 --> 01:51:40,824
is in the same hillside area.

1912
01:51:40,824 --> 01:51:42,313
And what does.

1913
01:51:42,313 --> 01:51:43,430
I mean?

1914
01:51:43,430 --> 01:51:48,230
The 25 represents to, you know, a practical term?

1915
01:51:48,693 --> 01:51:50,373
Yeah, happy to answer that question.

1916
01:51:50,373 --> 01:51:53,463
So when we're looking at VMT or vehicle Miles traveled

1917
01:51:53,463 --> 01:51:55,593
for residential development, we're

1918
01:51:55,593 --> 01:51:59,133
looking at all the travel that occurs from the home.

1919
01:51:59,133 --> 01:52:02,310
So that's going to work, going shopping, doing other errands

1920
01:52:02,310 --> 01:52:02,823
throughout the day.

1921
01:52:02,823 --> 01:52:04,713
And there's models that kind of try

1922
01:52:04,713 --> 01:52:08,223
to emulate and calculate that number.

1923
01:52:08,223 --> 01:52:11,583
And so the 25 miles means that on average,

1924
01:52:11,583 --> 01:52:13,593
the person living off the project

1925
01:52:13,593 --> 01:52:16,203
will travel around 25 miles per day.

1926
01:52:16,203 --> 01:52:19,473
So that includes going to work, etc., etc..

1927
01:52:19,473 --> 01:52:22,535
I for existing conditions, even without the project,

1928
01:52:22,535 --> 01:52:24,993
the number is about the same because if you think about it,

1929
01:52:24,993 --> 01:52:27,393
it's really like how far you have to travel.

1930
01:52:27,393 --> 01:52:30,153
So if you're up in Saratoga on Peirce road,

1931
01:52:30,153 --> 01:52:32,281
whether you live on, you know, depending

1932
01:52:32,281 --> 01:52:33,573
on where you live a little bit.

1933
01:52:33,573 --> 01:52:35,223
But the distance overall is not going

1934
01:52:35,223 --> 01:52:37,348
to be that substantially different because you have

1935
01:52:37,348 --> 01:52:40,173
to travel down past, get onto one of the main arterial

1936
01:52:40,173 --> 01:52:43,383
Saratoga, Sunnyvale or Saratoga, and then you spread out kind of

1937
01:52:43,383 --> 01:52:44,853
into the other areas.

1938
01:52:44,853 --> 01:52:47,373
Normally two for jobs is like the biggest contributor

1939
01:52:47,373 --> 01:52:51,813
to your length of trips The county average,

1940
01:52:51,813 --> 01:52:55,953
the threshold is 11 miles, but the actual average itself

1941
01:52:55,953 --> 01:52:59,550
because is around 13 for the county saratoga.

1942
01:52:59,550 --> 01:53:00,675
This has a much higher VMT number

1943
01:53:00,675 --> 01:53:03,221
because there's more residents, not a lot of jobs.

1944
01:53:03,221 --> 01:53:06,230
So a lot of trips up to go out external to the city

1945
01:53:06,230 --> 01:53:08,630
to travel Thank you.

1946
01:53:09,853 --> 01:53:13,253
So if I'm hearing that right, basically, you're

1947
01:53:13,253 --> 01:53:16,744
saying this project doesn't increase the VMD number service

1948
01:53:16,744 --> 01:53:17,495
population.

1949
01:53:17,495 --> 01:53:18,246
OK.

1950
01:53:18,246 --> 01:53:19,373
All right.

1951
01:53:19,373 --> 01:53:20,500
Thank you.

1952
01:53:20,500 --> 01:53:23,881
And I have another quick, quick question.

1953
01:53:23,881 --> 01:53:29,823
This is either staff or a city attorney to help us answer this.

1954
01:53:29,823 --> 01:53:33,393
So Chris mentioned that of the seven design review findings,

1955
01:53:33,393 --> 01:53:36,324
staff indicates that Four of them

1956
01:53:36,324 --> 01:53:40,894
could be could not be made on the merits.

1957
01:53:40,894 --> 01:53:45,393
And my question is are the city's and normal design review

1958
01:53:45,393 --> 01:53:50,193
findings applicable to Builders Remedies Project at all ?

1959
01:53:55,531 --> 01:53:58,816
It's a good question the way we look at it

1960
01:53:58,816 --> 01:54:02,217
is that the city's code requires the design review findings

1961
01:54:02,217 --> 01:54:04,438
to approve the project.

1962
01:54:04,438 --> 01:54:07,104
And so they remain applicable.

1963
01:54:07,104 --> 01:54:09,325
But the builder's remedy.

1964
01:54:09,325 --> 01:54:12,873
And Housing Accountability Act limits, as we've said,

1965
01:54:12,873 --> 01:54:15,543
limits the reasons that we could have to say no.

1966
01:54:15,543 --> 01:54:18,213
So in this case, it sort of limits

1967
01:54:18,213 --> 01:54:23,473
the the use or what we can say through the design review

1968
01:54:23,473 --> 01:54:23,973
findings.

1969
01:54:23,973 --> 01:54:29,373
But we still need to make them so I

1970
01:54:30,603 --> 01:54:31,803
guess I'm a little confused.

1971
01:54:31,803 --> 01:54:32,433
So.

1972
01:54:32,433 --> 01:54:38,193
So even when we cannot the four of them cannot be made

1973
01:54:38,193 --> 01:54:40,193
on the merits.

1974
01:54:40,713 --> 01:54:43,503
That is not a reason under the Housing Accountability Act

1975
01:54:43,503 --> 01:54:44,705
to deny the project.

1976
01:54:44,705 --> 01:54:48,843
So basically it's a limit on our rights

1977
01:54:48,843 --> 01:54:51,933
to deny the project based on the design findings.

1978
01:54:51,933 --> 01:54:52,953
Correct?

1979
01:54:52,953 --> 01:54:53,883
Okay.

1980
01:54:53,883 --> 01:54:55,992
I guess I assume that goes to the same thing

1981
01:54:55,992 --> 01:54:58,290
for the tentative Map findings.

1982
01:54:58,290 --> 01:54:58,708
Correct?

1983
01:54:58,708 --> 01:54:59,727
Got it.

1984
01:54:59,727 --> 01:55:00,406
OK.

1985
01:55:00,406 --> 01:55:01,424
All right.

1986
01:55:01,424 --> 01:55:03,122
I'll stop for now.

1987
01:55:03,122 --> 01:55:06,693
Thank you both I have a couple good questions as well.

1988
01:55:06,693 --> 01:55:09,330
Probably for staff or maybe for Gabe.

1989
01:55:09,330 --> 01:55:10,803
There was a mention of other existing

1990
01:55:10,803 --> 01:55:15,273
zoning implying non units when it comes to Builders remedy.

1991
01:55:15,273 --> 01:55:16,653
If that's sort of like, you know,

1992
01:55:16,653 --> 01:55:18,843
let's say nine units is maybe the low end,

1993
01:55:18,843 --> 01:55:21,813
right for what it zoned for when it comes to Builders Remedy

1994
01:55:21,813 --> 01:55:23,913
Project, is there a upper limit in terms

1995
01:55:23,913 --> 01:55:27,513
of what can be built there?

1996
01:55:31,233 --> 01:55:33,705
I'm not sure if there's an upper limit

1997
01:55:33,705 --> 01:55:36,809
but I think we can say that this project is not

1998
01:55:36,809 --> 01:55:38,784
at any limit that might exist.

1999
01:55:38,784 --> 01:55:39,349
OK.

2000
01:55:39,349 --> 01:55:39,913
Yeah.

2001
01:55:39,913 --> 01:55:42,170
This project's in consisting city with the zoning

2002
01:55:42,170 --> 01:55:45,223
is not one of the reasons that we have to deny the project.

2003
01:55:45,223 --> 01:55:45,723
Okay.

2004
01:55:45,723 --> 01:55:46,616
Thank you.

2005
01:55:46,616 --> 01:55:48,330
And the other question is probably

2006
01:55:48,330 --> 01:55:49,803
more for staff preferred peers.

2007
01:55:49,803 --> 01:55:51,543
Could you give us a sense of when

2008
01:55:51,543 --> 01:55:55,263
it comes there's some mitigation measures around Pierce Road.

2009
01:55:55,263 --> 01:55:58,323
Can you give us some context for the current condition

2010
01:55:58,323 --> 01:56:01,990
of First Road in that area, specifically

2011
01:56:01,990 --> 01:56:03,243
the current condition?

2012
01:56:03,243 --> 01:56:07,000
Pierce Road in that area is two lane in each direction.

2013
01:56:07,000 --> 01:56:09,383
The hillside road generally has narrow shoulders

2014
01:56:09,383 --> 01:56:11,644
and is also relatively narrow.

2015
01:56:11,644 --> 01:56:15,789
So I think it's around 2020, 22 to 24ft,

2016
01:56:15,789 --> 01:56:18,723
depending on where you are There's been mention

2017
01:56:18,723 --> 01:56:21,731
of landslides or moving soil around there.

2018
01:56:21,731 --> 01:56:23,523
Can you give some context for that as well?

2019
01:56:23,523 --> 01:56:25,565
I am not the best person to answer that question.

2020
01:56:25,565 --> 01:56:27,153
So might defer to staff on that.

2021
01:56:27,153 --> 01:56:32,553
All right I think the applicant may know something

2022
01:56:40,743 --> 01:56:41,613
about the land size.

2023
01:56:41,613 --> 01:56:43,213
If we're waiting for that.

2024
01:56:43,213 --> 01:56:43,713
All right.

2025
01:56:43,713 --> 01:56:46,473
Yeah, maybe we can wait till the right.

2026
01:56:46,473 --> 01:56:48,873
That's the last question.

2027
01:56:49,147 --> 01:56:51,930
And this is more for staff is when

2028
01:56:51,930 --> 01:56:53,943
we take a look at our arena numbers,

2029
01:56:53,943 --> 01:56:58,143
how many units would this contribute to.

2030
01:56:58,563 --> 01:57:00,563
And what categories?

2031
01:57:01,563 --> 01:57:07,770
So the project is 25 units, 20 of those are market rate units

2032
01:57:07,770 --> 01:57:09,324
and five are affordable.

2033
01:57:09,324 --> 01:57:09,945
OK.

2034
01:57:09,945 --> 01:57:12,120
And what areas of affordable because there's

2035
01:57:12,120 --> 01:57:14,475
sort of below market there.

2036
01:57:14,475 --> 01:57:19,173
There are multiple categories, low income, low income,

2037
01:57:19,173 --> 01:57:21,573
very, very low income.

2038
01:57:22,203 --> 01:57:23,808
Okay Yeah.

2039
01:57:23,808 --> 01:57:24,903
Thank you.

2040
01:57:24,903 --> 01:57:25,633
Sure.

2041
01:57:25,633 --> 01:57:28,553
I'm just for the audience, You might

2042
01:57:28,553 --> 01:57:33,590
find it interesting to hear what low income and very low income

2043
01:57:33,590 --> 01:57:35,438
is in Santa Clara County.

2044
01:57:35,438 --> 01:57:39,403
So every year, the state and the federal government

2045
01:57:39,403 --> 01:57:42,963
put out the area median income for each county.

2046
01:57:42,963 --> 01:57:46,863
So for 2026, the area, median income for a four person

2047
01:57:46,863 --> 01:57:48,863
household is $205,500.

2048
01:57:50,103 --> 01:57:54,303
So a four person household that makes,

2049
01:57:57,243 --> 01:58:03,243
um $112,750 qualifies as very low income In Santa Clara County

2050
01:58:10,493 --> 01:58:12,243
A lot of my questions have been asked, so.

2051
01:58:12,243 --> 01:58:13,653
Okay, thanks.

2052
01:58:13,653 --> 01:58:16,653
And the other questions Okay.

2053
01:58:18,183 --> 01:58:23,193
I see that it's 9:00, so this is about two hours in.

2054
01:58:23,193 --> 01:58:24,933
We're about to do public comment.

2055
01:58:24,933 --> 01:58:28,294
Actually, we're about to do the Yeah,

2056
01:58:28,294 --> 01:58:31,113
the appellant Would you all like to take a break now

2057
01:58:31,113 --> 01:58:34,593
or do break now before we start with the Appellant Okay.

2058
01:58:34,593 --> 01:58:36,858
So we're going to take a five minutes, Okay.

2059
01:58:36,858 --> 01:58:38,526
Or do you want five minutes?

2060
01:58:38,526 --> 01:58:39,260
OK.

2061
01:58:39,260 --> 01:58:40,471
We'll be back at 9:05.

2062
01:58:40,471 --> 01:58:44,671
Thank you For That All All right,

2063
02:09:53,130 --> 02:09:58,532
ladies and gentlemen, if we can please get started again,

2064
02:09:58,532 --> 02:10:02,132
you need to Ladies and gentlemen,

2065
02:10:06,630 --> 02:10:13,263
if we could please take our seats I know you All right?

2066
02:10:21,169 --> 02:10:26,569
I'm going to call this meeting back to order.

2067
02:10:26,913 --> 02:10:28,913
I. And now.

2068
02:10:35,743 --> 02:10:36,243
And now.

2069
02:10:36,243 --> 02:10:39,580
We'll have ten minutes from the appellant.

2070
02:10:39,580 --> 02:10:41,868
Thank you and your team.

2071
02:10:41,868 --> 02:10:44,155
Good evening, Mayor Page.

2072
02:10:44,155 --> 02:10:44,918
Councilman.

2073
02:10:44,918 --> 02:10:48,554
Thank you for inviting us to be here tonight.

2074
02:10:48,554 --> 02:10:50,666
Um, I'm Bill Hershman.

2075
02:10:50,666 --> 02:10:52,425
I'm the managing partner.

2076
02:10:52,425 --> 02:10:53,129
Thomas.

2077
02:10:53,129 --> 02:10:57,254
I'm the owner of the property and a lot of the comments

2078
02:10:57,254 --> 02:10:59,970
and questions, as you've already asked,

2079
02:10:59,970 --> 02:11:00,709
who are part of my presentation?

2080
02:11:00,709 --> 02:11:03,642
So you've taken a little bit air out of my present ation,

2081
02:11:03,642 --> 02:11:05,638
but we're going to run through it very quickly.

2082
02:11:05,638 --> 02:11:07,236
And I'm going to go quickly because I

2083
02:11:07,236 --> 02:11:09,320
want to leave some time at the end,

2084
02:11:09,320 --> 02:11:11,828
if we have to address a couple of the questions that came up.

2085
02:11:11,828 --> 02:11:13,819
And we do have answers to a couple

2086
02:11:13,819 --> 02:11:16,490
that we're almost answered, shall I say.

2087
02:11:16,490 --> 02:11:19,160
And so we can respond to that, I'd

2088
02:11:19,160 --> 02:11:21,238
like to thank the city staff.

2089
02:11:21,238 --> 02:11:24,440
They did a very good job of explaining our project to you.

2090
02:11:24,440 --> 02:11:27,800
I don't think I could have done it much better.

2091
02:11:27,800 --> 02:11:29,809
We're going to put some pictures up and go through and out

2092
02:11:29,809 --> 02:11:30,976
a few other comments.

2093
02:11:30,976 --> 02:11:34,490
But they've done a very good job to take care of that

2094
02:11:34,490 --> 02:11:37,438
or to present it to you and give you a pretty good description

2095
02:11:37,438 --> 02:11:38,742
of what's going on.

2096
02:11:38,742 --> 02:11:42,942
Um Lexar company is my development company

2097
02:11:43,353 --> 02:11:46,233
has been building in Saratoga and surrounding communities

2098
02:11:46,233 --> 02:11:48,630
for 40 years.

2099
02:11:48,630 --> 02:11:53,173
We're, we're well versed in this kind of home building.

2100
02:11:53,173 --> 02:11:56,773
And we've owned the property since 1999.

2101
02:11:56,828 --> 02:12:01,533
So the property has been in our ownership for a very long time.

2102
02:12:01,533 --> 02:12:04,683
As you know, we are also the owners of the Mountain Winery.

2103
02:12:04,683 --> 02:12:09,483
And so we have a very vested interest

2104
02:12:09,963 --> 02:12:12,543
in having this project be developed

2105
02:12:12,543 --> 02:12:16,743
appropriately Second slide, Domenic, you got it.

2106
02:12:20,165 --> 02:12:20,688
OK.

2107
02:12:20,688 --> 02:12:21,472
Thank you.

2108
02:12:21,472 --> 02:12:21,995
Thank.

2109
02:12:21,995 --> 02:12:24,607
She didn't want to leave that up to me.

2110
02:12:24,607 --> 02:12:30,574
They don't trust me as has been indicated, 25 homes, 20 market

2111
02:12:30,574 --> 02:12:33,240
rate units in important, I think,

2112
02:12:33,240 --> 02:12:35,167
to point out these are affordable.

2113
02:12:35,167 --> 02:12:37,400
The affordable are for sale units

2114
02:12:37,400 --> 02:12:39,897
sometimes not the same thing in other parts of the county that

2115
02:12:39,897 --> 02:12:40,775
are rental units.

2116
02:12:40,775 --> 02:12:43,189
These are these are proposed to be for sale units.

2117
02:12:43,189 --> 02:12:45,164
There are 5, 4 of those units.

2118
02:12:45,164 --> 02:12:47,430
There are three units.

2119
02:12:47,430 --> 02:12:47,973
I apologize.

2120
02:12:47,973 --> 02:12:48,648
Their homes.

2121
02:12:48,648 --> 02:12:49,773
People don't live in units.

2122
02:12:49,773 --> 02:12:52,740
They live in homes.

2123
02:12:52,740 --> 02:12:54,753
They're five homes, three of which

2124
02:12:54,753 --> 02:13:00,384
will also be market rate units and Cindy pointed out to you

2125
02:13:00,384 --> 02:13:04,663
kind of where one person qualify for that.

2126
02:13:04,663 --> 02:13:07,136
But that's a whole calculation that this

2127
02:13:07,136 --> 02:13:11,729
is the city of the county makes at the time of sale.

2128
02:13:11,729 --> 02:13:14,163
The project is designed as you can see,

2129
02:13:14,163 --> 02:13:17,403
to be a firewise community and also fortified

2130
02:13:17,403 --> 02:13:19,403
gold home community.

2131
02:13:19,707 --> 02:13:21,843
I should step back this evening.

2132
02:13:21,843 --> 02:13:25,413
I have with us Amanda from Hanover Brunetti.

2133
02:13:25,413 --> 02:13:31,563
I have Carol Rice, who did our fire of fire safe plan.

2134
02:13:31,563 --> 02:13:34,923
And she can speak much better than I can to what all

2135
02:13:34,923 --> 02:13:36,363
that that thing means.

2136
02:13:36,363 --> 02:13:38,130
And I'm going to call her up later

2137
02:13:38,130 --> 02:13:40,830
to answer some of your questions as it relates

2138
02:13:40,830 --> 02:13:44,570
to when we get into fire spread and some of the things

2139
02:13:44,570 --> 02:13:47,186
that are part of this, this project.

2140
02:13:47,186 --> 02:13:51,387
As you can see from the from the drawing it's a 75 acre parcel.

2141
02:13:51,387 --> 02:13:52,323
The aerial.

2142
02:13:52,323 --> 02:13:53,973
So 75 acre parcel.

2143
02:13:53,973 --> 02:13:57,930
And you can see that we're developing about 18 acres.

2144
02:13:57,930 --> 02:14:00,303
And that also includes the emergency road,

2145
02:14:00,303 --> 02:14:02,164
which you can kind of see off to the side.

2146
02:14:02,164 --> 02:14:06,393
And some of you have been on the site.

2147
02:14:06,393 --> 02:14:09,663
We refer to this a quarry road, that little loop road.

2148
02:14:09,663 --> 02:14:11,583
And the emergency road is a connection

2149
02:14:11,583 --> 02:14:14,523
from the back cul de sac to that which will then ultimately

2150
02:14:14,523 --> 02:14:17,523
come out to Pierce Road.

2151
02:14:18,560 --> 02:14:20,223
Critical improvements There were some questions that

2152
02:14:20,223 --> 02:14:25,533
came up relative to Pierce Road, Pierce Road is a is a and a fair

2153
02:14:25,533 --> 02:14:29,225
and Pierce pointed to this as well That's a major improvement.

2154
02:14:29,225 --> 02:14:32,531
Pierce Rosen in a section which we'll get to on another slide

2155
02:14:32,531 --> 02:14:35,286
to show you where that might be is a road

2156
02:14:35,286 --> 02:14:36,663
that's slipping right now.

2157
02:14:36,663 --> 02:14:38,907
And part of our conditions of approval

2158
02:14:38,907 --> 02:14:41,934
and our agreement with the city is

2159
02:14:41,934 --> 02:14:46,383
that we will participate in repairing that problem we're

2160
02:14:46,383 --> 02:14:49,953
going to construct a mile of trail along Pierce Road

2161
02:14:49,953 --> 02:14:52,593
to make a connection from Saratoga Heights

2162
02:14:52,593 --> 02:14:55,383
to somewhere in or about Highway nine,

2163
02:14:55,383 --> 02:14:59,263
depending on where the city tells us we make the connection.

2164
02:14:59,263 --> 02:14:59,892
OK.

2165
02:14:59,892 --> 02:15:00,835
Emergency access.

2166
02:15:00,835 --> 02:15:03,352
We talked about fire suppression, infrastructure.

2167
02:15:03,352 --> 02:15:06,753
We're putting in seven hydrants, a whole fire

2168
02:15:06,753 --> 02:15:09,328
system within the road system.

2169
02:15:09,328 --> 02:15:10,187
Okay.

2170
02:15:10,187 --> 02:15:11,904
Significant fire modifications.

2171
02:15:11,904 --> 02:15:15,576
This is an aerial of the the property.

2172
02:15:15,576 --> 02:15:20,270
And you can see that we're very consistent in our homes are very

2173
02:15:20,270 --> 02:15:22,797
consistent with the size and location lot

2174
02:15:22,797 --> 02:15:26,253
sizes of the surrounding community We purposely did that.

2175
02:15:26,253 --> 02:15:27,303
It wasn't by chance.

2176
02:15:27,303 --> 02:15:28,773
That's how we design this project.

2177
02:15:28,773 --> 02:15:31,833
It was a question about how many units could we have,

2178
02:15:31,833 --> 02:15:33,603
homes could we have put on this site

2179
02:15:33,603 --> 02:15:34,803
I think you know the answer.

2180
02:15:34,803 --> 02:15:36,761
We could have put a lot more homes on this side

2181
02:15:36,761 --> 02:15:39,123
or proposed a lot more homes on this site.

2182
02:15:39,123 --> 02:15:46,750
We chose to do what we did These are the Affordable picture,

2183
02:15:46,750 --> 02:15:48,766
The affordable houses for sale or for bedroom,

2184
02:15:48,766 --> 02:15:50,560
two and a half bath.

2185
02:15:50,560 --> 02:15:53,551
They're designed for families, and they help make those.

2186
02:15:53,551 --> 02:15:55,803
We have built this product in the past

2187
02:15:55,803 --> 02:15:59,463
and it was a very, very marketable product.

2188
02:15:59,463 --> 02:16:03,363
It's a very, very nice home floor plan of the,

2189
02:16:03,363 --> 02:16:09,363
you can see every floor plan of the homes, pictures.

2190
02:16:10,443 --> 02:16:12,330
Chris had already put up some pictures

2191
02:16:12,330 --> 02:16:13,200
of some of the other houses.

2192
02:16:13,200 --> 02:16:15,123
This is a rendering of one, just to give you

2193
02:16:15,123 --> 02:16:18,303
a general idea of what we have in mind, Fire resistant design

2194
02:16:18,303 --> 02:16:21,723
materials and landscaping And it will be have a fireplace

2195
02:16:21,723 --> 02:16:23,723
certificate requirement.

2196
02:16:24,135 --> 02:16:25,593
We'll talk about that a little bit.

2197
02:16:25,593 --> 02:16:29,793
Again, what that means for the trail

2198
02:16:30,930 --> 02:16:33,930
If you can see in yellow, if you look along,

2199
02:16:33,930 --> 02:16:34,623
Pierce Road right there, you can see

2200
02:16:34,623 --> 02:16:35,831
like a little yellow section.

2201
02:16:35,831 --> 02:16:38,314
That's the Pierce General location

2202
02:16:38,314 --> 02:16:39,842
of where the Pierce road is.

2203
02:16:39,842 --> 02:16:42,890
Having the issues with the slide right now.

2204
02:16:42,890 --> 02:16:45,336
And that will be a portion of what we're going to repair.

2205
02:16:45,336 --> 02:16:47,840
Blue dotted line is the trail.

2206
02:16:47,840 --> 02:16:47,833
We're proposing.

2207
02:16:47,833 --> 02:16:50,250
And then it's hard to see.

2208
02:16:50,250 --> 02:16:53,750
But the green area to the left of the Pierce Road

2209
02:16:53,750 --> 02:16:56,130
is the emergency access road which will

2210
02:16:56,130 --> 02:16:57,513
be for emergency purposes only.

2211
02:16:57,513 --> 02:17:02,403
But as you can see, it's also designed to not only provide

2212
02:17:02,403 --> 02:17:04,773
emergency access from the subdivision,

2213
02:17:04,773 --> 02:17:09,183
but also from a secondary access around Pierce

2214
02:17:09,183 --> 02:17:12,663
Road in the event of some kind of failure on Pierce Road

2215
02:17:12,663 --> 02:17:15,213
can be used for fire equipment or fire

2216
02:17:15,213 --> 02:17:18,813
or just turns emergency access road.

2217
02:17:23,205 --> 02:17:25,413
I just talked about got a little bit ahead of myself.

2218
02:17:25,413 --> 02:17:28,233
This is a design for the infrastructure.

2219
02:17:28,233 --> 02:17:30,493
You can see the fire hydrants located in red.

2220
02:17:30,493 --> 02:17:30,993
Currently.

2221
02:17:30,993 --> 02:17:32,703
There's nothing as you well know.

2222
02:17:32,703 --> 02:17:34,923
And these not only benefit our community,

2223
02:17:34,923 --> 02:17:37,323
but you can see their location relative to the rest

2224
02:17:37,323 --> 02:17:38,943
of the community.

2225
02:17:38,943 --> 02:17:42,813
Some of these hydrants are is are less than 100ft away from

2226
02:17:42,813 --> 02:17:46,653
some of that existing community as a significant amount of fire

2227
02:17:46,653 --> 02:17:47,163
protection.

2228
02:17:47,163 --> 02:17:51,333
And in the general community and to the wildlife area

2229
02:17:51,333 --> 02:17:54,933
that will be undeveloped fire mitigation.

2230
02:17:56,122 --> 02:17:58,701
I'm going to go very quickly here because I'm

2231
02:17:58,701 --> 02:18:02,713
going to ask to allow is if you'll let us to talk about this

2232
02:18:02,713 --> 02:18:05,373
a little bit with somebody, Carol Rice, who's

2233
02:18:05,373 --> 02:18:07,533
much more qualified than I to discuss

2234
02:18:07,533 --> 02:18:09,573
the mitigations that we're proposing.

2235
02:18:09,573 --> 02:18:10,923
They are significant.

2236
02:18:10,923 --> 02:18:12,774
Some of the findings that you're being

2237
02:18:12,774 --> 02:18:16,503
asked to make address what's taking place from a community

2238
02:18:16,503 --> 02:18:17,248
benefit.

2239
02:18:17,248 --> 02:18:19,113
The mitigation measures that we're

2240
02:18:19,113 --> 02:18:22,953
proposing that address some of the issues that concerns

2241
02:18:22,953 --> 02:18:25,923
relative to how do you how do you offset some

2242
02:18:25,923 --> 02:18:30,903
of the and some of the impacts that the project could

2243
02:18:30,903 --> 02:18:32,890
have on the evacuee?

2244
02:18:32,890 --> 02:18:35,275
This is one of them.

2245
02:18:35,275 --> 02:18:38,580
The fire new fuel modify station.

2246
02:18:38,580 --> 02:18:41,737
Again, Carol can speak to this but doing

2247
02:18:41,737 --> 02:18:44,757
what we're doing this was all generated

2248
02:18:44,757 --> 02:18:47,345
through a type of modeling.

2249
02:18:47,345 --> 02:18:50,703
And again, I'll let her speak to it more.

2250
02:18:50,703 --> 02:18:54,813
But the fire modifications can reduce the rate of spread

2251
02:18:54,813 --> 02:18:58,668
meaning how quickly to 93% based on our mitigation.

2252
02:18:58,668 --> 02:19:01,450
This is a very important picture.

2253
02:19:01,450 --> 02:19:04,233
This is a before and after.

2254
02:19:04,233 --> 02:19:08,523
You can see the side is what what the colors mean.

2255
02:19:08,523 --> 02:19:11,943
But if I tell you red is bad and blues good,

2256
02:19:11,943 --> 02:19:13,593
that's what the charts will say.

2257
02:19:13,593 --> 02:19:16,683
This is the difference between the intensity of the fire.

2258
02:19:16,683 --> 02:19:19,263
Again Carol can speak to this.

2259
02:19:19,263 --> 02:19:21,543
But it's this is all addresses.

2260
02:19:21,543 --> 02:19:25,125
What do we do to slow the impact of a wildfire

2261
02:19:25,125 --> 02:19:30,300
and help prevent an increased amount of damage as a result?

2262
02:19:30,300 --> 02:19:33,933
So it comes through fuel management tree trimming, things

2263
02:19:33,933 --> 02:19:37,303
that you can do You speak to it in the Mary.

2264
02:19:37,303 --> 02:19:39,663
You had a fire preparedness meeting.

2265
02:19:39,663 --> 02:19:42,333
And I will just refresh everybody's memory.

2266
02:19:42,333 --> 02:19:45,153
The whole conversation was around hardening communities.

2267
02:19:45,153 --> 02:19:48,693
And what do you do to better prepare for that event?

2268
02:19:48,693 --> 02:19:50,433
That's what we're talking about here.

2269
02:19:50,433 --> 02:19:54,330
That's exactly what we're proposing Benefits

2270
02:19:54,153 --> 02:19:58,683
of the mitigation on the left hand side or the existing

2271
02:19:58,683 --> 02:19:59,283
conditions.

2272
02:19:59,283 --> 02:20:00,530
I'm going quickly.

2273
02:20:00,530 --> 02:20:01,530
I'm running out of time.

2274
02:20:01,530 --> 02:20:05,428
Right hand side is the benefits that we can see 48 to 70%

2275
02:20:05,428 --> 02:20:08,186
reduction in in the fire rival so quickly,

2276
02:20:08,186 --> 02:20:10,250
the fire gets to you.

2277
02:20:10,250 --> 02:20:10,637
OK.

2278
02:20:10,637 --> 02:20:12,170
Why is that important?

2279
02:20:12,170 --> 02:20:15,363
Well, if we can reduce how quickly the fire gets you,

2280
02:20:15,363 --> 02:20:19,293
that obviously gives you much more time to evacuate.

2281
02:20:19,293 --> 02:20:23,523
Um, 76 to 99 minutes delay in the fire growth

2282
02:20:23,523 --> 02:20:26,313
How quickly does the fire expand as we go?

2283
02:20:26,313 --> 02:20:28,713
94% reduction in the flame.

2284
02:20:28,983 --> 02:20:31,263
All of this has to do with the mitigation and the fuel

2285
02:20:31,263 --> 02:20:33,630
management that we're talking about.

2286
02:20:33,630 --> 02:20:33,843
Okay?

2287
02:20:33,843 --> 02:20:36,843
And these are model numbers.

2288
02:20:38,763 --> 02:20:41,818
Boy, I mean, that's our that's our that's our presentation.

2289
02:20:41,818 --> 02:20:43,144
I went very quickly.

2290
02:20:43,144 --> 02:20:46,856
I do have a couple of answers to a couple of the questions that

2291
02:20:46,856 --> 02:20:47,651
were asked.

2292
02:20:47,651 --> 02:20:49,772
I'd be happy to respond to that.

2293
02:20:49,772 --> 02:20:54,153
But I know that my time is limited here.

2294
02:20:54,153 --> 02:20:56,656
Yes, Tina, I think we should let him

2295
02:20:56,656 --> 02:20:58,323
answer a couple of the questions that we

2296
02:20:58,323 --> 02:21:00,179
asked before because we did direct

2297
02:21:00,179 --> 02:21:01,650
that they were the answer.

2298
02:21:01,650 --> 02:21:03,122
So yeah, Thank you.

2299
02:21:03,122 --> 02:21:04,593
I took the best notes.

2300
02:21:04,593 --> 02:21:08,270
I could, but there was a couple I'll start with in the order

2301
02:21:08,270 --> 02:21:11,354
that you kind of asked the questions,

2302
02:21:11,354 --> 02:21:13,687
you were asking some questions about the fire department

2303
02:21:13,687 --> 02:21:16,829
in our meeting, their requirements and i

2304
02:21:16,829 --> 02:21:18,161
confirmed with Brad Fox.

2305
02:21:18,161 --> 02:21:18,694
Yes.

2306
02:21:18,694 --> 02:21:21,920
I didn't want to say something inappropriate here,

2307
02:21:21,920 --> 02:21:23,756
but we have met all the requirements of the fire

2308
02:21:23,756 --> 02:21:24,288
department.

2309
02:21:24,288 --> 02:21:27,219
And what Brad was referring to are some of the things

2310
02:21:27,219 --> 02:21:31,203
we needed to do relative to the location of some of the houses

2311
02:21:31,203 --> 02:21:37,203
and hardening the houses that were fall into the, um,

2312
02:21:37,413 --> 02:21:38,388
thank you.

2313
02:21:38,388 --> 02:21:43,680
We have one, two, three, four, five, six, seven

2314
02:21:43,680 --> 02:21:48,341
lots that fall into the high fire area three of which

2315
02:21:48,341 --> 02:21:52,336
are the of the units closest to Pierce Road.

2316
02:21:52,336 --> 02:21:57,490
There are very high, the very high I'm sorry if I said high.

2317
02:21:57,490 --> 02:21:58,224
Very high.

2318
02:21:58,224 --> 02:21:58,958
I'm sorry.

2319
02:21:58,958 --> 02:22:02,128
And what, what it really is, is Brad was explaining.

2320
02:22:02,128 --> 02:22:02,628
It's.

2321
02:22:02,628 --> 02:22:03,851
It's is a requirement.

2322
02:22:03,851 --> 02:22:07,293
So that to try to stop fire from going from house to house.

2323
02:22:07,293 --> 02:22:10,503
And so there's a requirement of 30ft and we meet that

2324
02:22:10,503 --> 02:22:14,373
requirement where it was a little bit tight.

2325
02:22:14,373 --> 02:22:15,813
We added some additional things.

2326
02:22:15,813 --> 02:22:20,613
Brad referred to limiting prohibiting the building closer

2327
02:22:21,243 --> 02:22:26,523
to in the setback lines hardening the surfaces on some

2328
02:22:26,523 --> 02:22:29,943
of the walls of additional fire protection

2329
02:22:29,943 --> 02:22:32,823
that the question was asked will come in under the building

2330
02:22:32,823 --> 02:22:35,761
permit Okay, but these are required

2331
02:22:35,761 --> 02:22:38,895
things that are have been put into place on this application.

2332
02:22:38,895 --> 02:22:42,551
So they were required to do that when we get to the building.

2333
02:22:42,551 --> 02:22:45,551
OK There was a question.

2334
02:22:46,793 --> 02:22:47,659
Thank you.

2335
02:22:47,659 --> 02:22:53,659
Uh, excuse me I know that First carbon is here,

2336
02:23:02,926 --> 02:23:06,849
and the consultant who prepared the fair, the report specific

2337
02:23:06,849 --> 02:23:11,325
to our project, the Kittleson and Associates, is on zoom.

2338
02:23:11,325 --> 02:23:14,850
So they can answer this question better than I.

2339
02:23:14,850 --> 02:23:16,845
But I am prepared to let you know that there

2340
02:23:16,845 --> 02:23:19,263
are there were three reports done to by fair

2341
02:23:19,263 --> 02:23:22,233
and pierce the ones that the presented to you already.

2342
02:23:22,233 --> 02:23:26,763
And one done through the air process, through first carbon,

2343
02:23:26,763 --> 02:23:30,303
through the direction of the city by Kittleson associates

2344
02:23:30,303 --> 02:23:33,575
which dealt directly the impacts of our project Mason

2345
02:23:33,575 --> 02:23:37,938
Estates and that's the report that I think you were asking,

2346
02:23:37,938 --> 02:23:40,323
what are the results of their report?

2347
02:23:40,323 --> 02:23:46,173
They were the 24 to 54 seconds that you've heard kicked around.

2348
02:23:46,173 --> 02:23:49,713
That is the result of what our impact, what they determined

2349
02:23:49,713 --> 02:23:54,243
was our impact, our impact business rates impact.

2350
02:23:54,243 --> 02:23:57,452
Again, I would prefer to have you direct that to them.

2351
02:23:57,452 --> 02:23:59,189
But that is the basis.

2352
02:23:59,189 --> 02:24:00,638
There were different reports.

2353
02:24:00,638 --> 02:24:01,217
OK.

2354
02:24:01,217 --> 02:24:03,534
One study, our project, the other

2355
02:24:03,534 --> 02:24:07,134
started to study the cities OK.

2356
02:24:08,833 --> 02:24:11,233
The VMT was addressed.

2357
02:24:14,749 --> 02:24:17,149
Conditions on Peirce Road.

2358
02:24:18,273 --> 02:24:22,556
I think we addressed and those were my only notes

2359
02:24:22,556 --> 02:24:23,973
and the questions, unless I missed

2360
02:24:23,973 --> 02:24:26,373
something, Any questions Tina?

2361
02:24:30,630 --> 02:24:30,753
Thank you.

2362
02:24:30,753 --> 02:24:34,323
So a little more detail and I'll just

2363
02:24:34,323 --> 02:24:36,417
add the questions right now.

2364
02:24:36,417 --> 02:24:40,257
So you can address some or if the mayor permits.

2365
02:24:40,257 --> 02:24:43,323
Kittleson can respond to that So I

2366
02:24:43,323 --> 02:24:48,300
do want to understand from them about the 24 seconds and the 54

2367
02:24:48,300 --> 02:24:48,813
seconds.

2368
02:24:48,813 --> 02:24:54,813
I want to know what is the impact of this project in terms

2369
02:24:54,813 --> 02:24:59,253
of evac location, time, addition for from this project

2370
02:24:59,253 --> 02:25:00,695
and based on the study.

2371
02:25:00,695 --> 02:25:04,383
So I heard you say that they can respond That's one question.

2372
02:25:04,383 --> 02:25:09,783
The second question I have is you responded earlier

2373
02:25:10,623 --> 02:25:15,930
and you showed in your slide the condition of Pearce Road,

2374
02:25:15,930 --> 02:25:16,953
the land is slipping.

2375
02:25:16,953 --> 02:25:19,323
There's a landslide there.

2376
02:25:19,323 --> 02:25:23,133
The improvement can use specifically call out

2377
02:25:23,133 --> 02:25:25,623
the improvement that you are proposing

2378
02:25:25,623 --> 02:25:32,823
and you talked about the what what was the word you used?

2379
02:25:36,609 --> 02:25:40,293
The the evacuation route or the second reaccess access road

2380
02:25:40,293 --> 02:25:41,343
Emergency Access road.

2381
02:25:41,343 --> 02:25:42,543
Thank you.

2382
02:25:42,543 --> 02:25:44,613
How does that play into that?

2383
02:25:44,613 --> 02:25:46,383
How does that support that?

2384
02:25:46,383 --> 02:25:53,583
And I saw some there You were calling out the annual Firewise

2385
02:25:53,787 --> 02:25:54,588
certificate.

2386
02:25:54,588 --> 02:25:55,390
Yes.

2387
02:25:55,390 --> 02:25:58,413
So once if the project were to be approved

2388
02:25:58,413 --> 02:26:00,993
and once construction happens, you

2389
02:26:00,993 --> 02:26:03,300
are going to sell all the 25 homes,

2390
02:26:03,300 --> 02:26:05,373
is the assumption I would make.

2391
02:26:05,373 --> 02:26:10,113
And at that point, who's responsible for making sure

2392
02:26:10,113 --> 02:26:14,853
that the fire by certification happens in every year as well

2393
02:26:14,853 --> 02:26:17,283
as I know somebody was going to ask the next question.

2394
02:26:17,283 --> 02:26:19,518
So I will as well.

2395
02:26:19,518 --> 02:26:23,718
In terms of the mitigation, the management

2396
02:26:24,198 --> 02:26:27,819
of the fuel modification and keeping that contained.

2397
02:26:27,819 --> 02:26:28,441
Okay.

2398
02:26:28,441 --> 02:26:30,307
How do you see that?

2399
02:26:30,307 --> 02:26:30,929
Okay.

2400
02:26:30,929 --> 02:26:32,173
And is it.

2401
02:26:32,173 --> 02:26:34,972
And I'll add to that is that all included

2402
02:26:34,972 --> 02:26:38,883
in the conditions of approval as presented in the staff back?

2403
02:26:38,883 --> 02:26:40,538
Let me go backwards because this is you

2404
02:26:40,538 --> 02:26:43,625
remember it in the reverse order to answer your question,

2405
02:26:43,625 --> 02:26:46,117
was it all included in the.

2406
02:26:46,117 --> 02:26:49,170
Yes, There's specific conditions of approval.

2407
02:26:49,170 --> 02:26:52,605
And I can give you the exact conditions.

2408
02:26:52,605 --> 02:26:58,605
There's only three that require the ongoing, if you will,

2409
02:26:58,790 --> 02:27:01,630
maintenance and certification as we

2410
02:27:01,630 --> 02:27:06,430
go specifically condition P dash two condition engineering,

2411
02:27:07,773 --> 02:27:09,483
ESG dash.

2412
02:27:09,483 --> 02:27:13,778
I'm holding my glasses 16 and P W dash 13.

2413
02:27:13,778 --> 02:27:18,329
These are the requirements that, if you will give teeth

2414
02:27:18,329 --> 02:27:22,713
to two to the first one is, is it requires

2415
02:27:22,713 --> 02:27:25,530
an HOA to be in covenants and restrictions

2416
02:27:25,530 --> 02:27:29,583
to be put in place to a through an HOA homeowners association

2417
02:27:29,583 --> 02:27:33,330
that within that which the city will review,

2418
02:27:33,330 --> 02:27:35,343
those have to really be reviewed by the city

2419
02:27:35,343 --> 02:27:38,283
and comment before we record the map.

2420
02:27:38,283 --> 02:27:39,573
The subdivision map.

2421
02:27:39,573 --> 02:27:41,703
And within that it's already the conditions

2422
02:27:41,703 --> 02:27:44,313
of approval or in the conditions of approval

2423
02:27:44,313 --> 02:27:46,683
that we will provide for exactly what you're saying.

2424
02:27:46,683 --> 02:27:48,903
There will be a third party monitoring

2425
02:27:48,903 --> 02:27:50,643
of that on an annual basis.

2426
02:27:50,643 --> 02:27:52,203
So who will be held responsible?

2427
02:27:52,203 --> 02:27:54,303
The HOA will be held responsible.

2428
02:27:54,303 --> 02:27:56,130
How does that get enforced?

2429
02:27:56,130 --> 02:27:58,263
There's a requirement that we self

2430
02:27:58,263 --> 02:28:01,173
monitor through a third party.

2431
02:28:01,173 --> 02:28:03,783
The HOA selves monitors through a third party.

2432
02:28:03,783 --> 02:28:07,383
So there's some teeth to that.

2433
02:28:07,413 --> 02:28:13,623
The engine and dash 16 is kind of a says that again

2434
02:28:13,623 --> 02:28:14,553
in a different manner.

2435
02:28:14,553 --> 02:28:16,713
But it's the kind of the same condition

2436
02:28:16,713 --> 02:28:20,313
and the public works condition number 13,

2437
02:28:21,360 --> 02:28:25,213
it says owner applicant shall implement a fuel reduction

2438
02:28:25,213 --> 02:28:28,553
program for fire mitigation covering those parcels prior

2439
02:28:28,553 --> 02:28:30,866
to certification of occupant C So

2440
02:28:30,866 --> 02:28:35,105
so it's a require permit that's ongoing is my point.

2441
02:28:35,105 --> 02:28:35,876
OK.

2442
02:28:35,876 --> 02:28:39,703
Now you're going to make me remember going backwards here.

2443
02:28:39,703 --> 02:28:40,203
Yeah.

2444
02:28:40,203 --> 02:28:41,988
And you're going to make me remember.

2445
02:28:41,988 --> 02:28:43,113
What was my other question?

2446
02:28:43,113 --> 02:28:46,743
The other question was the emergency access road.

2447
02:28:46,743 --> 02:28:49,923
How does that play into the or how

2448
02:28:49,923 --> 02:28:53,523
does that relate to the improvement

2449
02:28:53,973 --> 02:28:57,543
that you're saying you would work with the city?

2450
02:28:57,543 --> 02:29:00,283
From what I recall to different things.

2451
02:29:00,283 --> 02:29:00,783
Okay.

2452
02:29:00,783 --> 02:29:01,953
Two different things.

2453
02:29:01,953 --> 02:29:05,433
The first one is this the improvement on Peirce Road very

2454
02:29:05,433 --> 02:29:08,103
early in our design, when we met with public

2455
02:29:08,103 --> 02:29:10,143
was very, very early in the project.

2456
02:29:10,143 --> 02:29:14,373
The topic came up about the failures on Peirce Road,

2457
02:29:14,373 --> 02:29:17,757
and so there was a discussion with Public Works that would we,

2458
02:29:17,757 --> 02:29:20,310
as developers be willing to cooperate,

2459
02:29:20,310 --> 02:29:21,655
participate in the improvements?

2460
02:29:21,655 --> 02:29:25,533
And it was agreed and it's a condition of approval

2461
02:29:25,533 --> 02:29:27,533
within our application.

2462
02:29:28,983 --> 02:29:31,681
You're finding and the conditions

2463
02:29:31,681 --> 02:29:33,889
that we all participate with the city on a 5050 basis

2464
02:29:33,889 --> 02:29:35,206
to make those improvements.

2465
02:29:35,206 --> 02:29:37,576
So your second part of that question was,

2466
02:29:37,576 --> 02:29:39,946
what are those improvements yet to be determined?

2467
02:29:39,946 --> 02:29:42,530
The studies are just now taking place.

2468
02:29:42,530 --> 02:29:45,808
There's going to need to be a design, which

2469
02:29:45,808 --> 02:29:48,957
the preliminary design have already been done.

2470
02:29:48,957 --> 02:29:50,531
The two to.

2471
02:29:50,531 --> 02:29:53,456
It's going to be a part of grading.

2472
02:29:53,456 --> 02:29:55,623
There's going to be some need to be some excavation,

2473
02:29:55,623 --> 02:29:57,873
some walls built. Okay.

2474
02:29:57,873 --> 02:30:01,610
To reinforce that area of Peirce Road

2475
02:30:01,610 --> 02:30:03,531
And we have agreed to participate that participate

2476
02:30:03,531 --> 02:30:06,618
with the city more than likely we will be doing

2477
02:30:06,618 --> 02:30:10,130
the construct in the city will be participate in with dollars

2478
02:30:10,130 --> 02:30:12,483
at the end of the day honest answer

2479
02:30:12,483 --> 02:30:16,300
it'll be cheaper for us to do it than probably the city to do it.

2480
02:30:16,300 --> 02:30:18,423
So it's a better way for us to handle it.

2481
02:30:18,423 --> 02:30:21,188
And so as part of that would be that condition,

2482
02:30:21,188 --> 02:30:24,153
the estimates is somewhere in the neighborhood of $3.5 million

2483
02:30:24,153 --> 02:30:25,863
at this point.

2484
02:30:25,863 --> 02:30:28,563
But you also said to be determined.

2485
02:30:28,563 --> 02:30:29,114
Absolutely.

2486
02:30:29,114 --> 02:30:32,553
Is the final design is not complete, but it would include,

2487
02:30:32,553 --> 02:30:34,953
for example, qualitatively in a few words,

2488
02:30:34,953 --> 02:30:39,393
how would you describe the possible scope of work?

2489
02:30:39,393 --> 02:30:41,373
There'll be an excavation.

2490
02:30:41,373 --> 02:30:42,333
It's a slide.

2491
02:30:42,333 --> 02:30:44,343
So normally what happens on a slide

2492
02:30:44,343 --> 02:30:46,426
is depending on how deep it is, you're

2493
02:30:46,426 --> 02:30:48,930
going to ask me an engineering question.

2494
02:30:48,930 --> 02:30:51,922
Be careful, I'll bore you on a slide.

2495
02:30:51,922 --> 02:30:53,881
Depending on how deep the slide is,

2496
02:30:53,881 --> 02:30:55,839
we're either going to bore through it.

2497
02:30:55,839 --> 02:30:57,798
OK and see how deep Piers would have

2498
02:30:57,798 --> 02:31:02,223
to go to support to get to solid earth or if it's shallower,

2499
02:31:02,223 --> 02:31:04,623
we could excavate and re compact.

2500
02:31:04,623 --> 02:31:07,169
You can use shot create walls more than likely,

2501
02:31:07,169 --> 02:31:09,574
these would be drilled piers with some kind of wall.

2502
02:31:09,574 --> 02:31:11,698
And that would be the extent of the improvements.

2503
02:31:11,698 --> 02:31:12,198
OK.

2504
02:31:12,198 --> 02:31:12,854
Thank you.

2505
02:31:12,854 --> 02:31:14,165
And the emergency access road.

2506
02:31:14,165 --> 02:31:17,227
We're just the access is kind of it is separate from that bridge.

2507
02:31:17,227 --> 02:31:19,952
You see access that goes from the cul de sac.

2508
02:31:19,952 --> 02:31:22,797
As you can see on the upper left of the picture

2509
02:31:22,797 --> 02:31:25,383
comes down and goes to for sake of argument.

2510
02:31:25,383 --> 02:31:27,453
It would come out somewhere in the area

2511
02:31:27,453 --> 02:31:28,923
where our front gate is.

2512
02:31:28,923 --> 02:31:30,423
If you know where that is.

2513
02:31:30,423 --> 02:31:33,453
On Peirce Road, it would be somewhere in that general areas

2514
02:31:33,453 --> 02:31:35,193
where it would come through Okay.

2515
02:31:35,193 --> 02:31:37,413
It would be used for emergency purposes.

2516
02:31:37,413 --> 02:31:40,893
And however, it's emergency purposes for anybody

2517
02:31:40,893 --> 02:31:44,817
in the event of an emergency, for example

2518
02:31:44,817 --> 02:31:46,458
if Pierce Road for some reason would

2519
02:31:46,458 --> 02:31:48,333
be blocked one lane or the other,

2520
02:31:48,333 --> 02:31:51,145
the fire department could use that access to, you know,

2521
02:31:51,145 --> 02:31:52,317
go around Pierce Road.

2522
02:31:52,317 --> 02:31:54,426
It could be used as a secondary let fire

2523
02:31:54,426 --> 02:31:55,598
equipment come that way.

2524
02:31:55,598 --> 02:31:58,330
That other people go use Pierce Road could

2525
02:31:58,330 --> 02:32:00,233
be used for really whatever reason,

2526
02:32:00,233 --> 02:32:04,563
it would need to be used for maintain built and maintained

2527
02:32:04,563 --> 02:32:06,813
by the development and maintained

2528
02:32:06,813 --> 02:32:08,403
by the associate nation.

2529
02:32:08,403 --> 02:32:10,250
So it's a private road.

2530
02:32:10,250 --> 02:32:11,345
All the roads are private.

2531
02:32:11,345 --> 02:32:12,303
Just want to make sure.

2532
02:32:12,303 --> 02:32:12,803
Yes.

2533
02:32:12,803 --> 02:32:17,553
So it's going to be a private road and only for an emergency.

2534
02:32:17,553 --> 02:32:23,103
It would be open to the public as well as the fire.

2535
02:32:23,103 --> 02:32:24,905
Correct Typically, the fire department

2536
02:32:24,905 --> 02:32:27,363
will require us to change it, put

2537
02:32:27,363 --> 02:32:29,705
a knock off lock that they have access to

2538
02:32:29,705 --> 02:32:30,663
or something like that.

2539
02:32:30,663 --> 02:32:33,300
So it's not used on a regular basis.

2540
02:32:33,300 --> 02:32:35,221
That's typically what happens with an emergency

2541
02:32:35,221 --> 02:32:36,324
road like that.

2542
02:32:36,324 --> 02:32:37,979
They have access, they.

2543
02:32:37,979 --> 02:32:39,820
OK, thanks.

2544
02:32:39,820 --> 02:32:40,737
Back to my first question.

2545
02:32:40,737 --> 02:32:42,737
Yes the traffic.

2546
02:32:42,765 --> 02:32:43,432
OK.

2547
02:32:43,432 --> 02:32:45,431
Well, you're the evacuation.

2548
02:32:45,431 --> 02:32:46,431
You're correct.

2549
02:32:46,431 --> 02:32:52,562
Yeah, that was I think you said the I'm going to defer to them.

2550
02:32:52,562 --> 02:32:56,162
But I will answer your question.

2551
02:32:56,565 --> 02:33:01,139
That that the report that was under sequel

2552
02:33:01,139 --> 02:33:03,922
were required to address that the

2553
02:33:03,922 --> 02:33:07,869
impacts that our project would have on the community.

2554
02:33:07,869 --> 02:33:10,980
Okay that's what the report that that was prepared

2555
02:33:10,980 --> 02:33:14,302
for the air and that was the purpose of that to conclude

2556
02:33:14,302 --> 02:33:16,240
and it was it was different.

2557
02:33:16,240 --> 02:33:17,901
As Ferrum Pierce pointed out.

2558
02:33:17,901 --> 02:33:21,176
It was different than their report or their report

2559
02:33:21,176 --> 02:33:23,866
involved the city report involved

2560
02:33:23,866 --> 02:33:27,466
or that report involved our project.

2561
02:33:27,631 --> 02:33:31,443
And the conclusion and it had a little different criteria.

2562
02:33:31,443 --> 02:33:35,913
A Fair Empiricist report talks about evacuation and correct.

2563
02:33:35,913 --> 02:33:38,791
You can ask them, but I'm fairly certain i'm correct.

2564
02:33:38,791 --> 02:33:41,658
The evacuation safe point was Highway 85

2565
02:33:41,658 --> 02:33:45,754
from the city to Highway 85, when the report

2566
02:33:45,754 --> 02:33:49,833
was done for our project, there were several different locations

2567
02:33:49,833 --> 02:33:52,893
picked as basically safe havens, one

2568
02:33:52,893 --> 02:33:55,923
of them being West Valley College, another one being there

2569
02:33:55,923 --> 02:34:00,350
were several And there in the report that's part,

2570
02:34:00,350 --> 02:34:04,365
by the way, that's part of the fire prevention plan

2571
02:34:04,365 --> 02:34:08,259
where file wildfire protection plan and I know this by heart,

2572
02:34:08,259 --> 02:34:12,783
it's in the appendix to the air appendix J,

2573
02:34:12,783 --> 02:34:16,143
as in Jaguar And that's made part of our report

2574
02:34:16,143 --> 02:34:20,343
is part of that fire prevention book.

2575
02:34:20,673 --> 02:34:23,673
The conclusion lines of that report are in that.

2576
02:34:23,673 --> 02:34:29,430
And so when we refer to this in terms of fractions of a minute,

2577
02:34:29,430 --> 02:34:30,963
that were those were the conclusions

2578
02:34:30,963 --> 02:34:35,463
of the impact of our project on that evacuation

2579
02:34:35,463 --> 02:34:36,628
to those locations.

2580
02:34:36,628 --> 02:34:39,543
As we've had conversations with Ferrum Pierce,

2581
02:34:39,543 --> 02:34:44,303
this is not an exact science by any means Somebody

2582
02:34:44,303 --> 02:34:45,628
be off by tens.

2583
02:34:45,628 --> 02:34:47,218
You bet they could be.

2584
02:34:47,218 --> 02:34:49,730
Can it be a few minutes?

2585
02:34:49,730 --> 02:34:50,928
Could it be less than that?

2586
02:34:50,928 --> 02:34:52,518
Could there be no impact?

2587
02:34:52,518 --> 02:34:54,903
It's not that an inexact science,

2588
02:34:54,903 --> 02:34:57,303
but it gives you an idea of the magnitude.

2589
02:34:57,303 --> 02:35:00,333
And so to compare the two reports, which

2590
02:35:00,333 --> 02:35:04,952
they are quite different, but the in the fair in Pierce

2591
02:35:04,952 --> 02:35:05,486
report.

2592
02:35:05,486 --> 02:35:08,154
There were three sections A, B and C,

2593
02:35:08,154 --> 02:35:10,288
The original one was the existing condition.

2594
02:35:10,288 --> 02:35:11,889
B was it was is.

2595
02:35:11,889 --> 02:35:17,482
He added units within the city that was consist of

2596
02:35:17,482 --> 02:35:19,487
and don't quote me, but I think was 700

2597
02:35:19,487 --> 02:35:25,487
and I have it here 725 additional units there was there

2598
02:35:25,983 --> 02:35:27,483
was included in that report.

2599
02:35:27,483 --> 02:35:31,934
And the final one, which was C included in another addition,

2600
02:35:31,934 --> 02:35:33,335
all 4498 units.

2601
02:35:33,335 --> 02:35:34,360
OK.

2602
02:35:34,360 --> 02:35:38,941
Bring in a total for the entire city, every square inch of land

2603
02:35:38,941 --> 02:35:40,692
you could ever develop.

2604
02:35:40,692 --> 02:35:42,692
Basically 2 2 200, 220, 223 additional units.

2605
02:35:46,283 --> 02:35:50,343
That's what was prepared in the fair in Pierce Report

2606
02:35:50,343 --> 02:35:54,273
Hours Project was included in Section B, which

2607
02:35:54,273 --> 02:35:56,673
were 25 units out of 725.

2608
02:35:57,250 --> 02:36:01,110
So you can do the math yourself.

2609
02:36:01,110 --> 02:36:06,900
We don't have that significant of an impact given 725 units.

2610
02:36:06,900 --> 02:36:10,230
So it makes logical sense again.

2611
02:36:10,230 --> 02:36:12,813
But to tie it down to two minutes and seconds,

2612
02:36:12,813 --> 02:36:19,417
I think you got to look at the magnitude of our impact Now.

2613
02:36:19,417 --> 02:36:20,200
Okay.

2614
02:36:20,200 --> 02:36:22,157
Those are my statements.

2615
02:36:22,157 --> 02:36:25,680
You should probably ask Kittleson the same questions.

2616
02:36:25,680 --> 02:36:29,940
I do see the Great Gutter Henry, and she's probably

2617
02:36:29,940 --> 02:36:31,773
going to say I said something wrong, so I'll

2618
02:36:31,773 --> 02:36:34,923
be playing to the interest of everybody's time.

2619
02:36:34,923 --> 02:36:36,543
I'm good with this now, but if it's

2620
02:36:36,543 --> 02:36:39,633
going to save us public comment time, I'm okay.

2621
02:36:39,633 --> 02:36:41,283
Only because I just like to ask is

2622
02:36:41,283 --> 02:36:43,748
anybody else would like to ask a question before we go.

2623
02:36:43,748 --> 02:36:45,873
I just like to ask one question about the hardening

2624
02:36:45,873 --> 02:36:47,404
of the homes.

2625
02:36:47,404 --> 02:36:50,193
It I was wondering if you could describe some of the things

2626
02:36:50,193 --> 02:36:53,163
that you're doing to harden homes.

2627
02:36:53,163 --> 02:36:55,173
Can I have can I have Carol address this?

2628
02:36:55,173 --> 02:36:58,373
Because it comes into the whole department under the can I can

2629
02:36:58,373 --> 02:36:59,373
I have her address that?

2630
02:36:59,373 --> 02:37:01,773
Thank you Thank you.

2631
02:37:06,443 --> 02:37:08,988
Thank you for having me up here and describe

2632
02:37:08,988 --> 02:37:11,533
to be able to describe this to you.

2633
02:37:11,533 --> 02:37:14,360
I'm Carole Rice with Wyland Resource Management, who wrote

2634
02:37:14,360 --> 02:37:15,890
the wildfire protection plan.

2635
02:37:15,890 --> 02:37:20,255
Just as a note, I've been doing this for about 40 years.

2636
02:37:20,255 --> 02:37:23,610
And working in the wildland urban interface, worked

2637
02:37:23,610 --> 02:37:25,513
on community wildfire protection plans

2638
02:37:25,513 --> 02:37:31,167
for 4, 4, 3 counties, two cities and most did most of the work

2639
02:37:31,167 --> 02:37:34,773
for the big landowners in the Bay Area.

2640
02:37:34,773 --> 02:37:37,530
I did help start the International Association

2641
02:37:37,530 --> 02:37:40,713
of Wildland Fire and started up the wild Land Fire

2642
02:37:40,713 --> 02:37:44,210
section for that National Fire Protection Association.

2643
02:37:44,210 --> 02:37:46,776
Who certifies these firewise communities?

2644
02:37:46,776 --> 02:37:50,627
So I have a deep involvement of urban interface

2645
02:37:50,627 --> 02:37:55,530
and that so to your point about the hardening of the homes,

2646
02:37:55,530 --> 02:37:58,203
the buildings are going to be made out

2647
02:37:58,203 --> 02:38:01,203
of noncombustible exteriors and that

2648
02:38:03,453 --> 02:38:07,653
includes not only the surface of it,

2649
02:38:07,773 --> 02:38:10,852
but also they require that there is an additional tempered glass

2650
02:38:10,852 --> 02:38:12,120
in it.

2651
02:38:12,120 --> 02:38:15,877
So that because oftentimes windows are a weak link.

2652
02:38:15,877 --> 02:38:18,583
So they added additional levels of protection

2653
02:38:18,583 --> 02:38:21,909
for the windows They also require

2654
02:38:21,909 --> 02:38:25,521
that the do this alternative means of Compliance

2655
02:38:25,521 --> 02:38:27,778
was also additional non combustible

2656
02:38:27,778 --> 02:38:30,368
zones adjacent to the homes.

2657
02:38:30,368 --> 02:38:34,898
So we were the current it's not even code yet.

2658
02:38:34,898 --> 02:38:38,193
But there is going to be a called

2659
02:38:38,193 --> 02:38:41,549
a zone zero and noncombustible zone for the first five feet.

2660
02:38:41,549 --> 02:38:44,906
And in this case, it's going to be ten feet.

2661
02:38:44,906 --> 02:38:48,953
And so that makes it gives it an additional level of safety.

2662
02:38:48,953 --> 02:38:52,705
And then, as as Brad had mentioned,

2663
02:38:52,705 --> 02:38:57,483
we are going to have a non buildable easement

2664
02:38:57,483 --> 02:39:00,783
and that's important because we want to have at least 30ft

2665
02:39:00,783 --> 02:39:02,493
separation from house to house.

2666
02:39:02,493 --> 02:39:04,383
One of the things that we're understanding

2667
02:39:04,383 --> 02:39:06,864
is that homes will burn up each other if they

2668
02:39:06,864 --> 02:39:08,617
are too close to each other.

2669
02:39:08,617 --> 02:39:10,332
And this assures that that will.

2670
02:39:10,332 --> 02:39:11,874
That's separation will be sufficient.

2671
02:39:11,874 --> 02:39:14,881
So those are some of the ways that we can make sure

2672
02:39:14,881 --> 02:39:17,997
that those homes are fire safe to the point where

2673
02:39:17,997 --> 02:39:22,726
on this one of the slides, it shows that each of these homes

2674
02:39:22,726 --> 02:39:26,730
can be a gold level of of wildfire prepared home

2675
02:39:26,730 --> 02:39:29,703
as certified by the Institute for Building and Home Safety.

2676
02:39:29,703 --> 02:39:32,673
So it's a it's a really big coup.

2677
02:39:32,673 --> 02:39:35,823
Very few homes are available are are to that standard.

2678
02:39:35,823 --> 02:39:37,923
And so these will be.

2679
02:39:37,923 --> 02:39:38,913
Thank you very much.

2680
02:39:38,913 --> 02:39:40,913
Appreciate it.

2681
02:39:41,163 --> 02:39:44,763
If at the end will no.

2682
02:39:47,443 --> 02:39:47,943
Okay.

2683
02:39:47,943 --> 02:39:52,230
So since Grace is still got her hand raised, I'm going to ask,

2684
02:39:52,230 --> 02:39:54,423
is a woman right ?

2685
02:39:54,981 --> 02:39:57,948
Well, I'd like to see if can you let Grace talk?

2686
02:39:57,948 --> 02:40:00,186
There's I am promoting her to panelists right now.

2687
02:40:00,186 --> 02:40:00,686
OK.

2688
02:40:00,686 --> 02:40:02,686
Thanks.

2689
02:40:06,963 --> 02:40:09,783
So she'll be joining right now.

2690
02:40:09,783 --> 02:40:13,865
Here she comes And you all hear me?

2691
02:40:13,865 --> 02:40:14,728
Sure can.

2692
02:40:14,728 --> 02:40:15,303
Yep.

2693
02:40:15,303 --> 02:40:15,878
Perfect.

2694
02:40:15,878 --> 02:40:18,753
I will start by saying that I still, I

2695
02:40:18,753 --> 02:40:22,623
think, got to the same answer I was going to give but I'm

2696
02:40:22,623 --> 02:40:25,863
happy to just answer any follow up questions,

2697
02:40:25,863 --> 02:40:28,863
if there are any of.

2698
02:40:29,983 --> 02:40:30,483
I'm good.

2699
02:40:30,483 --> 02:40:33,672
Thanks, Chris I think we're okay.

2700
02:40:33,672 --> 02:40:35,158
Grace Thank you.

2701
02:40:35,158 --> 02:40:35,901
OK.

2702
02:40:35,901 --> 02:40:38,873
We may have more later, though.

2703
02:40:38,873 --> 02:40:40,731
I think you're in.

2704
02:40:40,731 --> 02:40:46,426
OK So with that, I would like to open the public comment period.

2705
02:40:46,426 --> 02:40:49,533
I How many speaker slips do we have?

2706
02:40:49,533 --> 02:40:51,933
I have 19 right now.

2707
02:40:51,993 --> 02:40:55,169
And I know there's at least, gosh,

2708
02:40:55,169 --> 02:40:58,830
I see 51 attendees remotely, a number

2709
02:40:58,830 --> 02:41:00,853
of whom will speak council.

2710
02:41:00,853 --> 02:41:02,992
I was thinking maybe we limit that

2711
02:41:02,992 --> 02:41:04,824
to two minutes per speakers.

2712
02:41:04,824 --> 02:41:06,460
That sound okay.

2713
02:41:06,460 --> 02:41:11,446
OK with it So we're that is that okay?

2714
02:41:13,893 --> 02:41:17,709
Council So we're going to limit our time of public speaking

2715
02:41:17,709 --> 02:41:23,709
to two minutes and left elbow over and we prepare.

2716
02:41:26,360 --> 02:41:29,883
So we have a policy in our meetings

2717
02:41:29,883 --> 02:41:32,613
that when we have a more than a certain number of speakers

2718
02:41:32,613 --> 02:41:36,930
and typically it's 20 that we limit the time

2719
02:41:36,930 --> 02:41:37,569
we do that all the time.

2720
02:41:37,569 --> 02:41:39,261
And we have two people on line.

2721
02:41:39,261 --> 02:41:41,356
So we have at least two people on line.

2722
02:41:41,356 --> 02:41:42,856
And there's always people come down.

2723
02:41:42,856 --> 02:41:44,971
I recognize the fact we want to hear from you

2724
02:41:44,971 --> 02:41:47,867
all There's no doubt about it.

2725
02:41:47,867 --> 02:41:53,555
So let's do the two minutes, and we'll see how it goes over.

2726
02:41:53,555 --> 02:41:56,984
I will accommodate people to finish their statement after two

2727
02:41:56,984 --> 02:41:59,534
minutes, but not too much longer.

2728
02:41:59,534 --> 02:42:02,721
So Bridget Brick, could you please explain the process

2729
02:42:02,721 --> 02:42:04,634
and call our first speaker?

2730
02:42:04,634 --> 02:42:08,335
OK If you would like to address the City Council on this item.

2731
02:42:08,335 --> 02:42:10,751
Now and you have not submitted a speaker slip,

2732
02:42:10,751 --> 02:42:13,893
now is the time to do so for your attending via Zoom.

2733
02:42:13,893 --> 02:42:15,933
Is the time to raise your hand.

2734
02:42:15,933 --> 02:42:19,893
We will start within speak in person speakers

2735
02:42:19,893 --> 02:42:21,963
once I've reached the last speaker slip,

2736
02:42:21,963 --> 02:42:25,683
we will go to our virtual speakers.

2737
02:42:25,683 --> 02:42:30,933
We will not come back to our in-person speakers.

2738
02:42:30,933 --> 02:42:33,363
So the first speaker and I would like

2739
02:42:33,363 --> 02:42:36,333
to I'm going to call pick the speakers.

2740
02:42:36,333 --> 02:42:37,807
We'd like you to kind of cue up.

2741
02:42:37,807 --> 02:42:41,430
So it kind of keeps the movement going.

2742
02:42:41,430 --> 02:42:44,703
So we'll start with Dave Rossi, followed by Stand boghosian,

2743
02:42:44,703 --> 02:42:47,703
followed by Becky Rhodes Okay.

2744
02:42:54,963 --> 02:42:57,633
First of all, I'd like to thank the applicant for not proposing

2745
02:42:57,633 --> 02:43:02,209
a 38 story MAX32665 minute for somebody project like Menlo has.

2746
02:43:02,209 --> 02:43:03,321
Nice job.

2747
02:43:03,321 --> 02:43:04,433
Thank you.

2748
02:43:04,433 --> 02:43:07,398
Also, correction nine units could be 18

2749
02:43:07,398 --> 02:43:11,469
with as benign or been last but so 18 years

2750
02:43:11,469 --> 02:43:13,230
could be the max on the property.

2751
02:43:13,230 --> 02:43:14,403
My name is Dave Rossi.

2752
02:43:14,403 --> 02:43:16,593
I grew up on Palomino.

2753
02:43:16,593 --> 02:43:20,730
I my parents to live there since 1978.

2754
02:43:20,730 --> 02:43:23,217
I played with the cows across the street from this project,

2755
02:43:23,217 --> 02:43:25,830
from cardboard boxes down the hill.

2756
02:43:25,830 --> 02:43:26,948
I'm very familiar with this property.

2757
02:43:26,948 --> 02:43:28,140
And this project.

2758
02:43:28,140 --> 02:43:30,253
So when you're talking about evacuation

2759
02:43:30,253 --> 02:43:32,218
we're talking about my 83 year old parents

2760
02:43:32,218 --> 02:43:33,930
who still live there.

2761
02:43:33,930 --> 02:43:35,221
And I love them very much.

2762
02:43:35,221 --> 02:43:37,263
Another thing I'd like to address the council for

2763
02:43:37,263 --> 02:43:40,293
is your role, and I hope everyone in this audience

2764
02:43:40,293 --> 02:43:41,973
understands the council's role.

2765
02:43:41,973 --> 02:43:44,553
They are stewards of the HRA.

2766
02:43:44,553 --> 02:43:50,643
Their job is to support the HRA They have no authority

2767
02:43:50,643 --> 02:43:53,643
except to approve the HRA.

2768
02:43:53,763 --> 02:43:57,300
And you're going to hear a lot of words like significant

2769
02:43:57,300 --> 02:44:01,113
and unavoidable without having the existing safety

2770
02:44:01,113 --> 02:44:05,583
standards that does not pertain for cause for rejection

2771
02:44:05,583 --> 02:44:10,383
under the HRA Also, the impact for evacuation.

2772
02:44:11,198 --> 02:44:15,991
There's a pre-existing condition of two hours and 54 minutes.

2773
02:44:15,991 --> 02:44:20,257
And although the secure guidelines in your calls

2774
02:44:20,257 --> 02:44:24,457
is project Avoider, will significant and unavoidable

2775
02:44:25,473 --> 02:44:29,553
if because of a preexisting condition which is also not

2776
02:44:29,553 --> 02:44:32,793
enforceable by this council, the HRA governs that.

2777
02:44:32,793 --> 02:44:35,613
That is an approval process for this project.

2778
02:44:35,613 --> 02:44:38,373
It cannot be canceled for those reasons.

2779
02:44:38,373 --> 02:44:40,173
And I really want to respect the Council.

2780
02:44:40,173 --> 02:44:43,623
The temperatures already seem high when your job is to support

2781
02:44:43,623 --> 02:44:48,243
and you are the police for the HRA Your only thing to judge

2782
02:44:48,243 --> 02:44:50,673
is whether or not there be a lawsuit related

2783
02:44:50,673 --> 02:44:52,173
to a violation of the HRA.

2784
02:44:52,173 --> 02:44:54,813
Hey, that's as simple as that.

2785
02:44:54,813 --> 02:44:57,843
And with respect to the opposition,

2786
02:44:57,843 --> 02:45:01,418
no project in this city will help for evacuation and more

2787
02:45:01,418 --> 02:45:02,718
than this project.

2788
02:45:02,718 --> 02:45:03,573
Thank you.

2789
02:45:03,573 --> 02:45:04,323
You to my parents.

2790
02:45:04,323 --> 02:45:06,723
Thank you Good evening.

2791
02:45:19,893 --> 02:45:21,393
My name is Stan Boghosian.

2792
02:45:21,393 --> 02:45:26,583
I've been involved in community activities in the city

2793
02:45:26,583 --> 02:45:33,783
for I don't know, decades, long time, and I have lived here.

2794
02:45:34,595 --> 02:45:38,118
Most of my life in Saratoga.

2795
02:45:38,118 --> 02:45:42,143
Intuitively, I know I've driven Pierce Road

2796
02:45:42,143 --> 02:45:45,743
multiple multiple times and I don't

2797
02:45:47,613 --> 02:45:53,130
need thousands and thousands of dollars of traffic studies

2798
02:45:53,283 --> 02:45:56,703
to show that you can drive on that road

2799
02:45:56,703 --> 02:46:01,459
and know when people are getting out of trying to get off

2800
02:46:01,459 --> 02:46:03,877
that road in a fire situation.

2801
02:46:03,877 --> 02:46:06,641
In And they're trying to get into either

2802
02:46:06,641 --> 02:46:08,713
onto Big Bay some way.

2803
02:46:08,713 --> 02:46:12,573
I mean Big Bay some way or Saratoga Sunnyvale road,

2804
02:46:12,573 --> 02:46:16,893
it's going to be a mess if it occurs during commute times.

2805
02:46:16,893 --> 02:46:18,893
It's horrible.

2806
02:46:20,130 --> 02:46:23,163
I think the job of the city councils, number one job

2807
02:46:23,163 --> 02:46:26,193
when you're elected, certainly was when I was elected

2808
02:46:26,193 --> 02:46:28,193
was public safety.

2809
02:46:28,773 --> 02:46:32,373
That's your number one responsibility here.

2810
02:46:32,598 --> 02:46:39,198
And you know, it's been quite that's what you're doing here.

2811
02:46:40,899 --> 02:46:45,202
The other stuff is great, but that's what you're doing here.

2812
02:46:45,202 --> 02:46:48,181
And I see this project at this point.

2813
02:46:48,181 --> 02:46:52,381
Certainly as adding to a safety issue.

2814
02:46:52,923 --> 02:46:57,123
It's already bad and making it worse

2815
02:46:57,603 --> 02:46:59,583
And I don't need to have a degree

2816
02:46:59,583 --> 02:47:04,983
from an accredited engineering school to draw that conclusion.

2817
02:47:05,253 --> 02:47:06,843
All you need to do is drive up there.

2818
02:47:06,843 --> 02:47:08,130
Thank you very much.

2819
02:47:08,130 --> 02:47:10,863
Thank you, Stan Ladies and gentlemen,

2820
02:47:10,863 --> 02:47:12,993
please refrain from applauding.

2821
02:47:12,993 --> 02:47:14,516
That is a form of bullying.

2822
02:47:14,516 --> 02:47:15,933
If someone doesn't agree with you,

2823
02:47:15,933 --> 02:47:18,510
they may be reticent to come up and speak.

2824
02:47:18,510 --> 02:47:20,856
So please be respectful of people with other opinions.

2825
02:47:20,856 --> 02:47:23,672
If you agree with the speaker, please raise your hand.

2826
02:47:23,672 --> 02:47:25,783
Let us know that you agree with them.

2827
02:47:25,783 --> 02:47:27,783
Thank you Hello.

2828
02:47:32,763 --> 02:47:34,743
My name is Becky Rhodes and I live off

2829
02:47:34,743 --> 02:47:38,223
Mountain Eden Road just below the mountain winery

2830
02:47:38,223 --> 02:47:41,730
and adjacent to the Mt.

2831
02:47:41,730 --> 02:47:43,730
Eden Winery.

2832
02:47:43,353 --> 02:47:47,130
I'm a practical person, a no nonsense pragmatic person.

2833
02:47:47,130 --> 02:47:48,693
That's what everyone tells me.

2834
02:47:48,693 --> 02:47:52,143
But I've got to say, I am extremely excited, namely

2835
02:47:52,143 --> 02:47:53,823
worried and scared.

2836
02:47:53,823 --> 02:47:55,803
And it's all due to the strong likelihood

2837
02:47:55,803 --> 02:47:59,523
good of a fire in the hills and the inability for me, my family,

2838
02:47:59,523 --> 02:48:03,243
pets and neighbors who live in a very high fire danger with one

2839
02:48:03,243 --> 02:48:07,443
way out to evacuate alive and unharmed.

2840
02:48:07,743 --> 02:48:09,333
This is not an unfounded fear.

2841
02:48:09,333 --> 02:48:11,613
We all know about the fires in the Palisades,

2842
02:48:11,613 --> 02:48:15,543
in the and with people trying to get out with more roads

2843
02:48:15,543 --> 02:48:17,613
to get out on than we have.

2844
02:48:17,613 --> 02:48:19,882
And many of them did not make it.

2845
02:48:19,882 --> 02:48:21,215
They got stranded in their cars.

2846
02:48:21,215 --> 02:48:22,850
They tried to run.

2847
02:48:22,850 --> 02:48:22,923
They tried to walk.

2848
02:48:22,923 --> 02:48:26,643
You can't avoid fire when it comes blowing through.

2849
02:48:26,643 --> 02:48:29,673
We also experienced a fire a few years ago just up the hill

2850
02:48:29,673 --> 02:48:31,830
from where we live.

2851
02:48:31,830 --> 02:48:34,203
I wasn't at home, but my pets were in the house.

2852
02:48:34,203 --> 02:48:38,403
Luckily, Rick was able to get home in time to evacuate them,

2853
02:48:38,403 --> 02:48:39,395
but he sent pictures.

2854
02:48:39,395 --> 02:48:43,533
They were frightening That area was soon

2855
02:48:43,533 --> 02:48:48,363
deemed to be shelter in place because they could not

2856
02:48:48,363 --> 02:48:51,723
have built rescue and fire vehicles coming in

2857
02:48:51,723 --> 02:48:54,843
while people were trying to evacuate out the road.

2858
02:48:54,843 --> 02:48:57,723
Couldn't accommodate both at the same time,

2859
02:48:57,723 --> 02:49:01,323
what would have happened to my neighbors who are elderly

2860
02:49:01,323 --> 02:49:02,420
or infirm ?

2861
02:49:02,420 --> 02:49:04,305
How about their children?

2862
02:49:04,305 --> 02:49:06,945
Their current children and their pets?

2863
02:49:06,945 --> 02:49:09,585
We can't outrun we can't out.

2864
02:49:09,585 --> 02:49:10,968
Drive a fire.

2865
02:49:10,968 --> 02:49:12,494
If it comes through.

2866
02:49:12,494 --> 02:49:16,155
We really have to keep in mind that Pearce Road is already

2867
02:49:16,155 --> 02:49:17,710
over capacity.

2868
02:49:17,710 --> 02:49:20,427
Fixes can't be done to it, and the evacuation impact

2869
02:49:20,427 --> 02:49:22,827
is significant and unavoidable.

2870
02:49:23,913 --> 02:49:28,563
So I ask you to deny this project on the safety basis.

2871
02:49:28,563 --> 02:49:31,929
Do not deem this this risk as acceptable.

2872
02:49:31,929 --> 02:49:33,306
Thank you.

2873
02:49:33,306 --> 02:49:34,683
Thank you.

2874
02:49:34,683 --> 02:49:35,601
OK.

2875
02:49:35,601 --> 02:49:39,911
We've got Richard Larsen, followed by Sonny yule,

2876
02:49:39,911 --> 02:49:41,103
followed by Suman.

2877
02:49:41,103 --> 02:49:44,103
Goal Hello, I'm Richard Larson.

2878
02:49:54,273 --> 02:49:56,673
I'm Becky's partner, housemate.

2879
02:49:57,183 --> 02:50:03,150
Everything else we've lived on money and road for 12 years,

2880
02:50:03,150 --> 02:50:07,170
and I'm urging you to vote no on a Mason Estate's proposal

2881
02:50:07,170 --> 02:50:11,283
to prioritize the safety of the areas currently residents.

2882
02:50:11,283 --> 02:50:15,693
I would note that, Mr. Hershman, it's a nice plan,

2883
02:50:15,693 --> 02:50:17,643
but he says nothing about anything.

2884
02:50:17,643 --> 02:50:19,743
Anyone else in the neighborhood.

2885
02:50:19,743 --> 02:50:25,143
It's all about the fire safety of that 25 houses.

2886
02:50:25,233 --> 02:50:27,513
This section of Pierce Road that he addresses

2887
02:50:27,513 --> 02:50:29,601
is a small fraction of the road.

2888
02:50:29,601 --> 02:50:31,950
And it has nothing to do with where I'm

2889
02:50:31,950 --> 02:50:33,777
going to have to evacuate it.

2890
02:50:33,777 --> 02:50:38,430
I have to evacuate through that narrow stretch over the bridge,

2891
02:50:38,430 --> 02:50:41,643
down closer to the flat area.

2892
02:50:43,413 --> 02:50:48,573
As Becky mentioned I was driving up Highway 85 and 2017

2893
02:50:48,573 --> 02:50:49,983
and I saw Plumas smoke.

2894
02:50:49,983 --> 02:50:51,123
I was down in San Jose.

2895
02:50:51,123 --> 02:50:55,803
And the smoke was rising up, but high enough that I could see it.

2896
02:50:55,803 --> 02:50:57,706
I was heading back to work.

2897
02:50:57,706 --> 02:51:01,240
And I got to Saratoga, Sunnyvale Road, and I go,

2898
02:51:01,240 --> 02:51:02,871
I don't like that plume.

2899
02:51:02,871 --> 02:51:03,687
The smoke.

2900
02:51:03,687 --> 02:51:05,236
So I made a left turn.

2901
02:51:05,236 --> 02:51:10,403
Then it going to work and rescued our dogs and evacuated.

2902
02:51:10,403 --> 02:51:13,473
I'm fortunate I was able to get out right before they shut down

2903
02:51:13,473 --> 02:51:14,488
the evacuation.

2904
02:51:14,488 --> 02:51:16,113
They literally shut down the evacuation

2905
02:51:16,113 --> 02:51:18,873
because they had to bring in heavy equipment.

2906
02:51:18,873 --> 02:51:21,873
Ten acres burned that day.

2907
02:51:22,323 --> 02:51:25,353
Thanks to our fire department, they were able to put it out.

2908
02:51:25,353 --> 02:51:26,976
But the damage, nothing happened.

2909
02:51:26,976 --> 02:51:29,793
But we all know that up and down the state of California,

2910
02:51:29,793 --> 02:51:32,583
along the urban wildlife interface,

2911
02:51:32,583 --> 02:51:36,633
there have been tremendously damaging fires that

2912
02:51:36,633 --> 02:51:40,293
cost people's lives and literally billions of dollars

2913
02:51:40,293 --> 02:51:46,293
in damage, property damage There are plans for at least

2914
02:51:46,623 --> 02:51:51,333
460 houses to a builder's remedy coming up from that 30 day

2915
02:51:51,333 --> 02:51:54,333
window that was left open.

2916
02:51:54,483 --> 02:51:56,673
This is not about one development.

2917
02:51:56,673 --> 02:52:02,673
This is about 460 houses going in on our evacuation corridor

2918
02:52:02,913 --> 02:52:04,953
and no one's going to talk about that.

2919
02:52:04,953 --> 02:52:07,530
None of their presentations will mention that.

2920
02:52:07,530 --> 02:52:11,103
They'll all talk about how fire safe and they are They're not

2921
02:52:11,103 --> 02:52:12,403
going to talk about us.

2922
02:52:12,403 --> 02:52:12,903
Thank you.

2923
02:52:12,903 --> 02:52:15,303
Thank you Depresses me.

2924
02:52:23,793 --> 02:52:25,473
No, no, you should be okay.

2925
02:52:25,473 --> 02:52:26,733
Oh, okay.

2926
02:52:26,733 --> 02:52:30,843
Good evening, Council members, members of City staff and fellow

2927
02:52:30,843 --> 02:52:31,923
residents.

2928
02:52:31,923 --> 02:52:34,173
Thank you for taking the time to listen to me tonight.

2929
02:52:34,173 --> 02:52:34,923
My name is Sunny.

2930
02:52:34,923 --> 02:52:38,223
You and I am a resident of the Saratoga Hill site.

2931
02:52:38,223 --> 02:52:41,364
I'm here tonight to urge the City Council members to take

2932
02:52:41,364 --> 02:52:44,788
seriously the threat of fire and the safety of residents

2933
02:52:44,788 --> 02:52:47,205
when considering these extensive developments, development

2934
02:52:47,205 --> 02:52:48,455
projects in the hillside area.

2935
02:52:48,455 --> 02:52:50,496
The air for the Mason project found

2936
02:52:50,496 --> 02:52:52,413
that the evacuation time for the hillside area

2937
02:52:52,413 --> 02:52:55,663
is something like two hours, 45 minutes to get 90% of people

2938
02:52:55,663 --> 02:52:56,163
out.

2939
02:52:56,163 --> 02:52:59,313
And stretching to five hours to get 100 everybody out.

2940
02:52:59,313 --> 02:53:01,945
These are staggeringly horrific times.

2941
02:53:01,945 --> 02:53:04,263
For comparison, the Palisades fire in SoCal

2942
02:53:04,263 --> 02:53:07,437
spread from ten acres to 200 acres in 20 minutes.

2943
02:53:07,437 --> 02:53:10,246
And within three hours had gone to 1,200 acres.

2944
02:53:10,246 --> 02:53:12,774
To top it off, if all the builders

2945
02:53:12,774 --> 02:53:14,741
remedy projects were to go through,

2946
02:53:14,741 --> 02:53:18,784
that would add 500 more units, not including the 80 unit hotel

2947
02:53:18,784 --> 02:53:22,830
that mountain winery here is planning to add.

2948
02:53:22,830 --> 02:53:25,833
The this project is in a very high fire hazard severity zone.

2949
02:53:25,833 --> 02:53:27,723
A large portion of the Saratoga hillside

2950
02:53:27,723 --> 02:53:31,459
is in the very high fire hazard severity zone.

2951
02:53:31,459 --> 02:53:34,158
We should consider how that impacts height.

2952
02:53:34,158 --> 02:53:37,593
Then higher density developments in that area The air,

2953
02:53:37,593 --> 02:53:39,453
I believe, outlines winds and alternative

2954
02:53:39,453 --> 02:53:42,628
lower density housing development for a reason.

2955
02:53:42,628 --> 02:53:45,630
You heard about nine houses.

2956
02:53:45,630 --> 02:53:47,583
The also the two major evacuation routes,

2957
02:53:47,583 --> 02:53:49,230
which is Pierce Road and Mt.

2958
02:53:49,230 --> 02:53:53,859
Eden, do pass through these very high fire hazard severity zones.

2959
02:53:53,859 --> 02:53:57,316
And in the event of a wildfire, it's very high likelihood

2960
02:53:57,316 --> 02:54:00,198
that one of these routes or both of these routes

2961
02:54:00,198 --> 02:54:03,655
end up unpassable and that we should take that into account.

2962
02:54:03,655 --> 02:54:05,493
Council Member While you asked if there

2963
02:54:05,493 --> 02:54:08,373
were a preexisting evacuation standards,

2964
02:54:08,373 --> 02:54:11,463
I believe that the city's general plan, which

2965
02:54:11,463 --> 02:54:13,653
would have limited this development to a lower

2966
02:54:13,653 --> 02:54:18,393
density of nine houses, would have been an inherent stand that

2967
02:54:18,393 --> 02:54:21,330
would have been set to limit the evacuation times.

2968
02:54:21,330 --> 02:54:25,519
I hope the city council members will do the right thing here.

2969
02:54:25,519 --> 02:54:27,983
And to protect those residents.

2970
02:54:27,983 --> 02:54:30,370
Thank you very much.

2971
02:54:30,370 --> 02:54:32,370
Thank you, Sunny.

2972
02:54:32,910 --> 02:54:37,921
My next OK, guys, I may need a little time.

2973
02:54:37,921 --> 02:54:39,556
So when does this start?

2974
02:54:39,556 --> 02:54:42,123
Don't start until I start speaking.

2975
02:54:42,123 --> 02:54:42,813
Okay.

2976
02:54:42,813 --> 02:54:43,323
Okay.

2977
02:54:43,323 --> 02:54:43,823
Hello?

2978
02:54:43,823 --> 02:54:44,943
City Council.

2979
02:54:44,943 --> 02:54:47,130
The Mason State Builders Project.

2980
02:54:47,130 --> 02:54:48,273
Is Firewise safe?

2981
02:54:48,273 --> 02:54:49,653
And gold standard.

2982
02:54:49,653 --> 02:54:52,893
But this does not take into account the evacuation process

2983
02:54:52,893 --> 02:54:55,293
that is in question.

2984
02:54:55,803 --> 02:54:58,893
Remember that as owner of the property, even

2985
02:54:58,893 --> 02:55:02,626
without this development they should be responsible owners

2986
02:55:02,626 --> 02:55:04,513
and make their land.

2987
02:55:04,513 --> 02:55:06,777
Firewise safe no matter what.

2988
02:55:06,777 --> 02:55:09,795
As did the Saratoga Heights Homeowners Association.

2989
02:55:09,795 --> 02:55:15,183
We are firewise safe because we are responsible homeowners.

2990
02:55:15,183 --> 02:55:18,513
Please also be aware that the emergency rule that they

2991
02:55:18,513 --> 02:55:21,753
talked about that gives access to all the people

2992
02:55:21,753 --> 02:55:22,803
will guess what?

2993
02:55:22,803 --> 02:55:25,803
It comes out into Pearce Road, doesn't

2994
02:55:25,803 --> 02:55:29,403
help whatsoever Also, the graciously they're

2995
02:55:31,173 --> 02:55:34,593
claiming that the 55 acres that they're leaving on

2996
02:55:34,593 --> 02:55:38,343
developed at the city at a planning commission meeting

2997
02:55:38,343 --> 02:55:43,143
it was pointed out that it does not prevent them in the future

2998
02:55:43,143 --> 02:55:46,203
from developing that 55 acres of land.

2999
02:55:46,203 --> 02:55:51,603
So don't be fooled by that all the data

3000
02:55:52,450 --> 02:55:55,902
that's based on the wildfire that comes with a warning.

3001
02:55:55,902 --> 02:56:00,183
But how about the fire within the community that

3002
02:56:00,183 --> 02:56:05,193
comes without warning that spreads and people are trapped

3003
02:56:05,193 --> 02:56:08,193
with little ability to evacuate?

3004
02:56:08,673 --> 02:56:12,660
So I get the need for builders remedy.

3005
02:56:12,660 --> 02:56:13,482
I'm not against builders.

3006
02:56:13,482 --> 02:56:14,763
Somebody.

3007
02:56:14,763 --> 02:56:18,530
I'm against builders Remedy of Pierce Road.

3008
02:56:18,530 --> 02:56:20,173
The earthquakes into Account The Lives

3009
02:56:20,173 --> 02:56:22,646
of Birds and animals and frogs.

3010
02:56:22,646 --> 02:56:26,690
But does not take into account the human life used.

3011
02:56:26,690 --> 02:56:31,559
You Set your hands are tied, yet without your approval,

3012
02:56:31,559 --> 02:56:36,243
this project cannot proceed The path of least resistance is

3013
02:56:36,243 --> 02:56:38,463
to vote in favor of this project.

3014
02:56:38,463 --> 02:56:44,283
The Americans spirit is not to take the easy path,

3015
02:56:44,283 --> 02:56:47,853
but rather to take the right path.

3016
02:56:47,853 --> 02:56:51,633
You all know how dangerous this project and all

3017
02:56:51,633 --> 02:56:56,705
the other builders and project are in your heart, what is right

3018
02:56:56,705 --> 02:56:58,769
and what is wrong.

3019
02:56:58,769 --> 02:57:02,897
I request that you make you not make the easy

3020
02:57:02,897 --> 02:57:06,933
and convene your decision, but make the right decision

3021
02:57:06,933 --> 02:57:09,703
and vote no for the approval of this project.

3022
02:57:09,703 --> 02:57:10,203
Thank you.

3023
02:57:10,203 --> 02:57:13,803
Thank you Next, we have manana.

3024
02:57:15,635 --> 02:57:17,430
Should go.

3025
02:57:17,430 --> 02:57:20,643
Glen Hendricks and Glenda Annie Hello.

3026
02:57:29,730 --> 02:57:31,593
Mayor and City Council member staff.

3027
02:57:31,593 --> 02:57:34,833
Today I'm asking you a very specific question.

3028
02:57:34,833 --> 02:57:38,973
What has changed since July 8th, when the planning Commission

3029
02:57:38,973 --> 02:57:43,923
reviewed this and concluded that the EIA and clothing emergency

3030
02:57:43,923 --> 02:57:48,213
access response time and evacuation is at or over

3031
02:57:48,213 --> 02:57:49,443
capacity?

3032
02:57:49,443 --> 02:57:56,430
The applicant mentioned appendix J and I have those pages here.

3033
02:57:57,348 --> 02:58:02,148
And it says the consultant says there's already

3034
02:58:02,313 --> 02:58:04,413
of volume to capacity ratio of one

3035
02:58:04,413 --> 02:58:10,530
or higher without a project on Port Road on both sides

3036
02:58:10,530 --> 02:58:13,603
and on Tollgate Eight and on peers meeting overnight.

3037
02:58:13,603 --> 02:58:18,430
So imagine with this project and many more lined up what that

3038
02:58:18,430 --> 02:58:20,443
will still be overcapacity.

3039
02:58:21,213 --> 02:58:24,630
So Saratoga General plan Safety Element Section

3040
02:58:24,630 --> 02:58:27,630
5.6 says New development must ensure

3041
02:58:27,333 --> 02:58:31,315
effective future evacuation, which is anchored sustained

3042
02:58:31,315 --> 02:58:33,693
in consist with the EIA.

3043
02:58:33,693 --> 02:58:37,893
Appendix G. Saratoga Plan 5.10 says make improvements

3044
02:58:40,713 --> 02:58:44,583
and expand the capacity of emergency evacuation route,

3045
02:58:44,583 --> 02:58:46,653
which is not happening either.

3046
02:58:46,653 --> 02:58:50,253
The Sica guidelines say evacuation analysis

3047
02:58:50,735 --> 02:58:54,423
should consider roadway capacity, which is not happening

3048
02:58:54,423 --> 02:58:59,223
here either The here's some starts from Cal

3049
02:59:00,483 --> 02:59:04,683
Fire in the last one year, 31 deaths.

3050
02:59:04,773 --> 02:59:08,913
Why wildfire deaths eaten and Palisades happened

3051
02:59:08,913 --> 02:59:10,143
in the last five years.

3052
02:59:10,143 --> 02:59:13,143
81 wildfire that's happened for firefighters.

3053
02:59:14,430 --> 02:59:18,930
This is California starts in ten years, 231.

3054
02:59:18,930 --> 02:59:23,283
So let's not make Saratoga a possible start in future.

3055
02:59:23,283 --> 02:59:27,318
And so you have a decision to make.

3056
02:59:27,318 --> 02:59:31,883
And in closing, the planning commission identified the risk.

3057
02:59:31,883 --> 02:59:35,846
It has a narrow exception of health and safety exception.

3058
02:59:35,846 --> 02:59:37,492
Please look into it.

3059
02:59:37,492 --> 02:59:40,783
City attorney can look into it and let us not

3060
02:59:40,783 --> 02:59:43,415
let us uphold the Planning Commission decision.

3061
02:59:43,415 --> 02:59:44,323
Thank you.

3062
02:59:44,323 --> 02:59:44,823
You.

3063
02:59:44,823 --> 02:59:46,823
Thank you, Menashe.

3064
02:59:50,973 --> 02:59:52,323
Hello, Glen Hendricks.

3065
02:59:52,323 --> 02:59:54,190
The Planning Commission could not honestly

3066
02:59:54,190 --> 02:59:56,238
determine that the benefits of this project

3067
02:59:56,238 --> 02:59:57,408
outweighed the impacts.

3068
02:59:57,408 --> 02:59:58,870
Think about that statement.

3069
02:59:58,870 --> 03:00:00,918
The positives don't support the negatives.

3070
03:00:00,918 --> 03:00:04,135
The only benefit that makes sense about this project is.

3071
03:00:04,135 --> 03:00:06,930
So the city doesn't get sued.

3072
03:00:06,930 --> 03:00:08,793
So now the project comes to you, and you

3073
03:00:08,793 --> 03:00:10,531
have to approve the project, even

3074
03:00:10,531 --> 03:00:12,573
though from a wildfire and evacuation perspective

3075
03:00:12,573 --> 03:00:14,373
it's a terrible project.

3076
03:00:14,373 --> 03:00:18,885
I suggest you approve the yellow EIA on a 3 to 2 vote.

3077
03:00:18,885 --> 03:00:20,343
The city doesn't have the resources

3078
03:00:20,343 --> 03:00:22,593
to fight a lawsuit with a current law from Sacramento.

3079
03:00:22,593 --> 03:00:23,523
You just lose.

3080
03:00:23,523 --> 03:00:24,663
But I request.

3081
03:00:24,663 --> 03:00:26,373
It's clearly explained to the public

3082
03:00:26,373 --> 03:00:28,640
why you are approving the statements of overriding

3083
03:00:28,640 --> 03:00:29,223
consideration.

3084
03:00:29,223 --> 03:00:30,933
Tell us what you like.

3085
03:00:30,933 --> 03:00:33,963
Tell us what you don't like or that you just

3086
03:00:33,963 --> 03:00:35,553
don't want to be sued.

3087
03:00:35,553 --> 03:00:38,403
The Planning Commission decision was not made an error.

3088
03:00:38,403 --> 03:00:41,193
This meeting is proof the HOA process is being legally

3089
03:00:41,193 --> 03:00:45,313
followed I'm having a problem with the evaluation time.

3090
03:00:45,313 --> 03:00:47,173
And I think it's been misrepresented

3091
03:00:47,173 --> 03:00:50,287
and it's the math that's got me bothered

3092
03:00:50,287 --> 03:00:54,294
And maybe it's just because I have a us public education

3093
03:00:54,294 --> 03:00:56,844
school system thing that's going on.

3094
03:00:56,844 --> 03:01:00,933
But the starting condition is that during an evacuation

3095
03:01:00,933 --> 03:01:04,533
the road stops, traffic doesn't move.

3096
03:01:04,533 --> 03:01:06,213
If traffic's not moving.

3097
03:01:06,213 --> 03:01:09,330
I don't understand how you only increase the evacuation

3098
03:01:09,330 --> 03:01:10,863
time by 24 seconds.

3099
03:01:10,863 --> 03:01:13,600
The problem is the overall traffic

3100
03:01:13,600 --> 03:01:18,258
before any new building goes into the hillside.

3101
03:01:18,258 --> 03:01:21,789
The evacuation study you have says current conditions today,

3102
03:01:21,789 --> 03:01:23,370
the roads stops.

3103
03:01:23,370 --> 03:01:25,845
So I don't get work 2020 for second.

3104
03:01:25,845 --> 03:01:26,781
Come from.

3105
03:01:26,781 --> 03:01:29,277
And it was talked about VMT VMT where

3106
03:01:29,277 --> 03:01:30,873
the distance doesn't change.

3107
03:01:30,873 --> 03:01:33,630
I haven't heard anybody talk about how many

3108
03:01:33,630 --> 03:01:36,513
new vehicles are doing that new VMT for what goes on.

3109
03:01:36,513 --> 03:01:38,431
Again, I'm pro you know, some people

3110
03:01:38,431 --> 03:01:42,573
are likely to say I think you have to approve this project.

3111
03:01:42,573 --> 03:01:45,483
The law says you have to will get sued, will lose.

3112
03:01:45,483 --> 03:01:47,580
But tell us why you think you're going

3113
03:01:47,580 --> 03:01:51,608
to do what you're going to do and do it on three 1, 2, vote.

3114
03:01:51,608 --> 03:01:57,800
Thank you, Glenn I have never used this before,

3115
03:02:03,933 --> 03:02:05,433
so hopefully I'm doing it.

3116
03:02:05,433 --> 03:02:06,513
All right.

3117
03:02:06,513 --> 03:02:08,440
My name is going to Arnie.

3118
03:02:08,440 --> 03:02:11,515
I've lived on Pierce Road for over 40 years.

3119
03:02:11,515 --> 03:02:13,975
Mason Estates is only going to add 25

3120
03:02:13,975 --> 03:02:18,543
250 or more cars on Pierce Road every day While this doesn't

3121
03:02:18,543 --> 03:02:20,613
sound like an increase in traffic,

3122
03:02:20,613 --> 03:02:22,833
this is not the whole story.

3123
03:02:22,833 --> 03:02:27,630
This same developer is planning to build 237 housing

3124
03:02:27,630 --> 03:02:30,783
units and an 81 room hotel at Mountain Winery, which

3125
03:02:30,783 --> 03:02:33,300
is not in separate yoga.

3126
03:02:33,300 --> 03:02:36,726
And these two developments are going to add hundreds of cars

3127
03:02:36,726 --> 03:02:38,290
to pierce Road.

3128
03:02:38,290 --> 03:02:41,419
Make no mistake, hundreds of cars.

3129
03:02:41,419 --> 03:02:46,923
And we are all going to be at risk every day

3130
03:02:46,923 --> 03:02:51,813
I don't think the city can deny this application.

3131
03:02:51,813 --> 03:02:55,683
I'll just make a couple of comments that based on things

3132
03:02:55,683 --> 03:02:58,143
I've heard in the last couple of weeks,

3133
03:02:58,143 --> 03:03:01,383
if the city had annexed Mountain Winery in 2020,

3134
03:03:01,383 --> 03:03:04,173
the developer would be working with the city on the housing

3135
03:03:04,173 --> 03:03:08,553
plan versus using builder's remedy project in reality,

3136
03:03:08,553 --> 03:03:11,883
the developer would still be building a lot of housing

3137
03:03:11,883 --> 03:03:14,373
and a hotel at Mountain Winery That

3138
03:03:14,373 --> 03:03:16,473
would create a lot of traffic on Pierce Road.

3139
03:03:16,473 --> 03:03:20,730
This same developer and let's just

3140
03:03:21,723 --> 03:03:24,655
blame Sacramento for these builder's remedy projects.

3141
03:03:24,655 --> 03:03:27,521
Yes, Sacramento is enabling these projects.

3142
03:03:27,521 --> 03:03:30,386
And we need to elect new representatives who

3143
03:03:30,386 --> 03:03:32,177
will change these laws.

3144
03:03:32,177 --> 03:03:35,193
But for now, these developers are choosing

3145
03:03:35,193 --> 03:03:36,732
to use builder's remedy.

3146
03:03:36,732 --> 03:03:39,810
So they can do what they want to do.

3147
03:03:39,810 --> 03:03:42,813
They're choosing money over the safety of residents

3148
03:03:42,813 --> 03:03:44,733
I don't know how to fight these projects,

3149
03:03:44,733 --> 03:03:47,973
but for me, going forward, I am only

3150
03:03:47,973 --> 03:03:49,773
going to support the developers.

3151
03:03:49,773 --> 03:03:52,830
The businesses, the organizations

3152
03:03:52,830 --> 03:03:55,983
and the realtors who are not developing or promoting builders

3153
03:03:55,983 --> 03:03:58,593
remedy projects in wildfire areas.

3154
03:03:58,593 --> 03:04:00,513
And I will try to elect people who

3155
03:04:00,513 --> 03:04:02,733
will change the laws to account for safety

3156
03:04:02,733 --> 03:04:04,915
of residents in wildfire areas.

3157
03:04:04,915 --> 03:04:06,130
Thank you.

3158
03:04:06,130 --> 03:04:07,841
Thank you, Glenn.

3159
03:04:07,841 --> 03:04:08,573
OK.

3160
03:04:08,573 --> 03:04:13,743
Next, we have David AMI followed by Xavier Casanova, then

3161
03:04:13,743 --> 03:04:15,743
Bill Dalton.

3162
03:04:19,353 --> 03:04:24,753
Hi, I'm Dave Varney otherwise known as Mr. Glinda.

3163
03:04:25,173 --> 03:04:30,573
I everybody's already talked about the over capacity during

3164
03:04:33,543 --> 03:04:37,233
or the literal stoppage of Pierce Road.

3165
03:04:37,233 --> 03:04:42,330
So I was thinking also about is I

3166
03:04:42,103 --> 03:04:44,103
don't know, how are you going to deny this given

3167
03:04:44,103 --> 03:04:46,923
the HRA and the situation.

3168
03:04:46,923 --> 03:04:48,933
So what can we do?

3169
03:04:48,933 --> 03:04:54,363
So I had three suggest and I ask you to investigate these and see

3170
03:04:54,363 --> 03:04:56,133
if there would pan out.

3171
03:04:56,133 --> 03:05:00,333
One, We need alerts, systems even that

3172
03:05:02,643 --> 03:05:05,823
go beyond what the fire departments doing

3173
03:05:05,823 --> 03:05:08,823
with the shelter in place.

3174
03:05:12,760 --> 03:05:15,102
And then warning and then and order.

3175
03:05:15,102 --> 03:05:18,884
It's almost like we need a pre warning system.

3176
03:05:18,884 --> 03:05:21,543
I feel like I need to become an expert in weather

3177
03:05:21,543 --> 03:05:25,383
and wind and light dry lightning and just get out then.

3178
03:05:25,383 --> 03:05:29,703
So I don't know if the city can do something especially

3179
03:05:29,703 --> 03:05:33,213
for the very high fire area, to go, you know,

3180
03:05:33,213 --> 03:05:35,943
just get just get out.

3181
03:05:35,943 --> 03:05:42,543
Second idea you know, maybe the developers and other HHR yards,

3182
03:05:43,657 --> 03:05:46,533
we could require them to do some more fuel

3183
03:05:46,533 --> 03:05:50,617
removal Pierce Road is got all kind of fuel on both sides.

3184
03:05:50,617 --> 03:05:54,693
City ID and have money to remove all that stuff that

3185
03:05:54,693 --> 03:05:58,713
could block the road because the road's on fire.

3186
03:05:58,713 --> 03:06:04,683
And the last idea is, can we connect Pike Road

3187
03:06:04,683 --> 03:06:09,723
over to Saratoga Hills up there where those water towers are,

3188
03:06:09,723 --> 03:06:15,339
where the old great Grandview Ranch is, that would give me

3189
03:06:15,339 --> 03:06:19,539
give me another way to get out.

3190
03:06:20,913 --> 03:06:23,313
Thank you Good evening.

3191
03:06:38,103 --> 03:06:39,903
My name is Xavier Casanova.

3192
03:06:39,903 --> 03:06:44,973
I live off of Houston court, which is basically Pierce Road.

3193
03:06:44,973 --> 03:06:49,923
I grew up in Paris with a lot more concrete than nature.

3194
03:06:49,923 --> 03:06:52,563
When I came to the bay Area as a Stanford student,

3195
03:06:52,563 --> 03:06:55,893
I started exploring the Bay Area Driving through the South

3196
03:06:55,893 --> 03:07:00,693
Georgia Hills on my way to Skyline Boulevard,

3197
03:07:00,843 --> 03:07:04,833
I fell in love with the trees, the vegetation

3198
03:07:04,833 --> 03:07:07,743
and the natural beauty of these hills.

3199
03:07:07,743 --> 03:07:09,183
14 years ago.

3200
03:07:09,183 --> 03:07:12,933
My wife and I chose Saratoga as the place

3201
03:07:12,933 --> 03:07:17,430
to raise our family Our two boys were

3202
03:07:17,430 --> 03:07:19,863
just four and eight years old.

3203
03:07:19,863 --> 03:07:25,150
But we've also learned how vulnerable this place can be.

3204
03:07:25,150 --> 03:07:28,150
In 2020, we watched the sky.

3205
03:07:28,378 --> 03:07:31,978
Turn orange because of the wildfires.

3206
03:07:32,193 --> 03:07:35,793
In 2023, we lost our fire insurance.

3207
03:07:36,573 --> 03:07:39,843
We lost our insurance policy for a house,

3208
03:07:39,843 --> 03:07:41,943
and we had to go to a fair plan.

3209
03:07:41,943 --> 03:07:46,743
And then in January 2025, the Eaton Fire the

3210
03:07:46,893 --> 03:07:49,293
devastated Altadena near Caltech.

3211
03:07:49,368 --> 03:07:53,463
When my son studies and we go to 2 a.m.

3212
03:07:53,463 --> 03:07:57,423
call from him, if actuating because the campus was

3213
03:07:57,423 --> 03:08:02,823
at risk, suddenly evacuation wasn't something like a report.

3214
03:08:05,493 --> 03:08:10,863
It was my own son getting out of the path of a wildfire.

3215
03:08:10,863 --> 03:08:14,913
And tonight the city's own study tells us

3216
03:08:14,913 --> 03:08:19,693
that evacuating the hillsides could take approximately already

3217
03:08:19,693 --> 03:08:22,400
takes approximately Five hours.

3218
03:08:22,400 --> 03:08:24,372
This is our home.

3219
03:08:24,372 --> 03:08:27,688
We know these hills are vulnerable.

3220
03:08:27,688 --> 03:08:31,288
We know evacuation is already difficult.

3221
03:08:31,623 --> 03:08:37,173
And the next wildfire will not wait for us to fix our mistakes.

3222
03:08:37,173 --> 03:08:41,158
Don't make it harder on my family or my neighbors.

3223
03:08:41,158 --> 03:08:45,330
And on every family that those hills in those heels

3224
03:08:45,330 --> 03:08:49,295
to get out of out safely when the day comes.

3225
03:08:49,295 --> 03:08:52,443
Please As with the safety of these families

3226
03:08:52,443 --> 03:08:54,603
who already live there first.

3227
03:08:54,603 --> 03:08:56,523
And the nicer you.

3228
03:08:56,523 --> 03:09:00,123
Thank you, Xavier Good evening again.

3229
03:09:04,743 --> 03:09:07,713
Well, I happened to live in the flatlands

3230
03:09:07,713 --> 03:09:09,826
and won't be impacted by this.

3231
03:09:09,826 --> 03:09:12,603
I still don't understand how we can

3232
03:09:12,603 --> 03:09:15,903
find the benefit yet of this project

3233
03:09:15,903 --> 03:09:18,903
outweighs the negatives All right.

3234
03:09:19,233 --> 03:09:22,203
Hopefully you can find the silver bullet

3235
03:09:22,203 --> 03:09:28,803
and deny the project Kiwi have Mohini followed by Moana Cower,

3236
03:09:35,430 --> 03:09:41,430
followed by Sophia Ko Yeah, I kind of like the.

3237
03:09:50,133 --> 03:09:52,473
Good evening, Mayor and council members.

3238
03:09:52,473 --> 03:09:55,293
We strongly urge you to uphold the Planning Commission's

3239
03:09:55,293 --> 03:09:59,531
denial of on estates and put public safety first.

3240
03:09:59,531 --> 03:10:00,244
Misogynistic.

3241
03:10:00,244 --> 03:10:04,713
It's proposes 25 homes on Pearce Road, a narrow winding road,

3242
03:10:04,713 --> 03:10:07,563
one lane in each direction already burdened

3243
03:10:07,563 --> 03:10:10,353
by residential and mountain winery traffic.

3244
03:10:10,353 --> 03:10:13,503
It was never designed for this intensity of development

3245
03:10:13,503 --> 03:10:17,883
and cannot simply be widened and massone estates cannot be

3246
03:10:17,883 --> 03:10:19,683
considered in isolation.

3247
03:10:19,683 --> 03:10:24,423
The same developer proposes 237 housing units and an 81 room

3248
03:10:24,423 --> 03:10:27,573
hotel at the adjacent mountain winery.

3249
03:10:27,573 --> 03:10:30,300
It may be on the county jurisdiction,

3250
03:10:30,300 --> 03:10:33,971
but traffic does not recognise jurisdictional boundaries.

3251
03:10:33,971 --> 03:10:37,833
Neither does Wildfire Together, these development points

3252
03:10:37,833 --> 03:10:41,553
could add hundreds of vehicles to the same constrained hillside

3253
03:10:41,553 --> 03:10:42,333
roads.

3254
03:10:42,333 --> 03:10:44,643
This is not about traffic inconvenience.

3255
03:10:44,643 --> 03:10:47,913
This is about evacuation and life safety.

3256
03:10:47,913 --> 03:10:49,744
During a wildfire, residents will

3257
03:10:49,744 --> 03:10:52,983
be trying to get out while emergency responders are trying

3258
03:10:52,983 --> 03:10:55,240
to get in on Pearce Road.

3259
03:10:55,240 --> 03:10:58,445
There's little margin for error residents are doing our part

3260
03:10:58,445 --> 03:11:00,841
home hardening, clearing vegetation and preparing

3261
03:11:00,841 --> 03:11:01,867
for evacuation.

3262
03:11:01,867 --> 03:11:03,578
But we cannot widen.

3263
03:11:03,578 --> 03:11:06,843
Pearce Road or create evacuation capacity.

3264
03:11:06,843 --> 03:11:09,243
Government controls, development decisions.

3265
03:11:09,723 --> 03:11:15,660
So I ask, what public benefit justifies this additional risk?

3266
03:11:15,660 --> 03:11:18,716
We have also heard conflicting information about the number

3267
03:11:18,716 --> 03:11:20,338
of affordable homes.

3268
03:11:20,338 --> 03:11:24,873
Affordable housing must be real, clearly defined and enforceable.

3269
03:11:24,873 --> 03:11:28,383
Not simply a label that enables greater density.

3270
03:11:28,383 --> 03:11:32,313
The community should not bear increased traffic, evacuation

3271
03:11:32,313 --> 03:11:34,533
risk and permanent hillside impacts.

3272
03:11:34,533 --> 03:11:37,953
When the primary benefit accrues to the developer,

3273
03:11:37,953 --> 03:11:40,773
the HRA provides housing protections,

3274
03:11:40,773 --> 03:11:44,643
but public safety must remain paramount Council members,

3275
03:11:44,643 --> 03:11:46,893
you are entrusted with protecting this city,

3276
03:11:46,893 --> 03:11:48,783
its residents and community.

3277
03:11:48,783 --> 03:11:51,453
Please uphold the Planning Commission's denial.

3278
03:11:51,453 --> 03:11:54,243
We cannot undo a tragedy after the fact.

3279
03:11:54,243 --> 03:11:56,403
Public safety must come first.

3280
03:11:56,403 --> 03:11:57,873
Thank you.

3281
03:11:57,873 --> 03:12:00,273
Thank you Good evening.

3282
03:12:08,853 --> 03:12:11,283
So I've spoken in front of you many, many times.

3283
03:12:11,283 --> 03:12:14,493
So i actually just want to respond today to this letter

3284
03:12:14,493 --> 03:12:16,473
that you received, which suggests

3285
03:12:16,473 --> 03:12:18,903
that builders remedy basically ties your hands

3286
03:12:18,903 --> 03:12:22,473
and that denying this project somehow makes you anti housing.

3287
03:12:22,473 --> 03:12:24,243
And that is simply not true.

3288
03:12:24,243 --> 03:12:27,423
This is not about being for housing or against housing.

3289
03:12:27,423 --> 03:12:29,553
It is about whether this particular project

3290
03:12:29,553 --> 03:12:32,960
in this particular location is safe

3291
03:12:32,960 --> 03:12:34,205
And these safety concerns are not hypothetical.

3292
03:12:34,205 --> 03:12:37,369
We all know that cities own evacuation study, 2.2 hours,

3293
03:12:37,369 --> 03:12:38,160
45 minutes.

3294
03:12:38,160 --> 03:12:39,742
We put all of that.

3295
03:12:39,742 --> 03:12:42,123
And that assumes that everything goes right, which

3296
03:12:42,123 --> 03:12:44,730
means every road stays open.

3297
03:12:44,730 --> 03:12:47,613
There is no fallen trees, no disabled cars, no blocked roads,

3298
03:12:47,613 --> 03:12:50,643
and no interference from emergency operations The study

3299
03:12:50,643 --> 03:12:54,273
itself describes this as a best case scenario

3300
03:12:54,273 --> 03:12:56,730
and says that evacuation times would

3301
03:12:56,730 --> 03:12:58,233
increase if roads were closed.

3302
03:12:58,233 --> 03:13:03,633
So please do not allow an outside advocacy organization

3303
03:13:03,783 --> 03:13:07,353
to reduce this to a very simplistic slogan of housing,

3304
03:13:07,353 --> 03:13:09,903
where, say versus anti housing.

3305
03:13:09,903 --> 03:13:11,343
Yimby is not a law.

3306
03:13:11,343 --> 03:13:12,847
It's an advocacy position.

3307
03:13:12,847 --> 03:13:15,243
The Housing Accountable Act is the law.

3308
03:13:15,243 --> 03:13:18,453
And your job is to apply that law to the actual facts

3309
03:13:18,453 --> 03:13:20,853
and evidence before you not to an outside groups

3310
03:13:20,853 --> 03:13:24,346
definition of what pro housing is supposed to mean.

3311
03:13:24,346 --> 03:13:26,130
And you know, frankly, it's very strange

3312
03:13:26,130 --> 03:13:28,713
to see a housing advocacy group take a position that

3313
03:13:28,713 --> 03:13:30,713
feels so anti-people.

3314
03:13:30,843 --> 03:13:34,830
So if being pro housing means brushing aside

3315
03:13:34,830 --> 03:13:36,663
whether the people who will actually live there

3316
03:13:36,663 --> 03:13:38,733
and the neighbors around them can safely

3317
03:13:38,733 --> 03:13:40,893
evacuate a wildfire here, then something

3318
03:13:40,893 --> 03:13:42,543
is very wrong with the reasoning.

3319
03:13:42,543 --> 03:13:43,833
Yimby is not pro housing.

3320
03:13:43,833 --> 03:13:45,423
They are just pro units.

3321
03:13:45,423 --> 03:13:50,223
Even the language quoted in Yimby's own letter

3322
03:13:50,463 --> 03:13:54,453
recognizes that a specific adverse impact on public health

3323
03:13:54,453 --> 03:13:56,350
or safety matters.

3324
03:13:56,350 --> 03:13:57,993
The Planning Commission looked at this evidence

3325
03:13:57,993 --> 03:14:00,423
and voted five zero to deny this project.

3326
03:14:00,423 --> 03:14:01,833
Please uphold that decision.

3327
03:14:01,833 --> 03:14:04,293
Deny the appeal and put public safety first.

3328
03:14:04,293 --> 03:14:05,373
Thank you.

3329
03:14:05,373 --> 03:14:07,773
Thank you, Mona OK.

3330
03:14:14,606 --> 03:14:17,583
Good evening Mayor and councilman.

3331
03:14:17,583 --> 03:14:21,630
I'm Sophia Cao, a long time resident up here through.

3332
03:14:21,630 --> 03:14:23,296
I support affordable housing.

3333
03:14:23,296 --> 03:14:28,203
This affordable housing unit are central to the Project Builder's

3334
03:14:28,203 --> 03:14:33,783
Remedy status and are cited as a benefit supporting approval.

3335
03:14:33,783 --> 03:14:36,933
If the Council relies on that benefit,

3336
03:14:36,933 --> 03:14:40,503
it should ensure this home's art delivers through

3337
03:14:40,503 --> 03:14:42,503
and enforceable process.

3338
03:14:43,323 --> 03:14:46,923
This unit are four bedroom approximately 2370

3339
03:14:47,703 --> 03:14:51,300
five square foot detached hillside homes.

3340
03:14:51,300 --> 03:14:54,363
A restricted self-pride alone does not

3341
03:14:54,363 --> 03:14:57,963
show whether ownership will remain sustainable

3342
03:14:57,963 --> 03:15:01,203
for a qualifying low income household.

3343
03:15:01,203 --> 03:15:05,403
Buyers must also pay taxes insurance, which

3344
03:15:05,763 --> 03:15:07,323
is very important in this.

3345
03:15:07,323 --> 03:15:09,453
Hi fi risk area.

3346
03:15:09,453 --> 03:15:12,453
Maintenance Utility and HOA dues.

3347
03:15:14,433 --> 03:15:19,233
Yet the posted material provide neither HOA budget

3348
03:15:19,383 --> 03:15:22,383
nor a purchase specific insurance

3349
03:15:22,413 --> 03:15:25,413
estimate Council should require disclosure

3350
03:15:26,793 --> 03:15:30,933
under a short a total monthly housing cost

3351
03:15:30,933 --> 03:15:36,933
and explain how it will be verified CP-5 requires sales

3352
03:15:37,323 --> 03:15:41,133
to qualify in low income household, all in a 45 year

3353
03:15:41,133 --> 03:15:44,133
restriction But CP-4 requires only

3354
03:15:45,213 --> 03:15:50,130
permit applications before a 13 C building permit request.

3355
03:15:51,273 --> 03:15:54,273
Not completion or proportional occupancy

3356
03:15:54,993 --> 03:15:57,735
with the market rate homes.

3357
03:15:57,735 --> 03:16:01,391
Saratoga, New or B PM ordinance s

3358
03:16:01,391 --> 03:16:04,944
requires council concur rent construction in proportion

3359
03:16:04,944 --> 03:16:09,744
no occupancy because this project predates that ordinance.

3360
03:16:09,753 --> 03:16:12,753
Please identify what enforceable condition

3361
03:16:13,530 --> 03:16:17,253
provides equivalent to protect it before voting.

3362
03:16:17,643 --> 03:16:21,333
Please clarify who will verify my eligibility

3363
03:16:21,333 --> 03:16:22,623
and administer it.

3364
03:16:22,623 --> 03:16:26,363
Selection on how total housing cost will be calculated

3365
03:16:26,363 --> 03:16:29,440
and the deadline for complete eating and occupying

3366
03:16:29,440 --> 03:16:30,979
all five homes.

3367
03:16:30,979 --> 03:16:32,530
Thank you.

3368
03:16:32,530 --> 03:16:32,553
You.

3369
03:16:32,553 --> 03:16:34,553
Thank you, Sophia.

3370
03:16:35,853 --> 03:16:40,653
Next, we have Sabrina, then scores Nikki will,

3371
03:16:42,393 --> 03:16:45,393
and then I believe it's.

3372
03:16:45,753 --> 03:16:48,153
Is it Bomb balloon?

3373
03:16:48,573 --> 03:16:55,773
Follow Can you please just give me tens to get my notes?

3374
03:16:56,330 --> 03:17:00,233
I certainly think you appreciate that So

3375
03:17:03,903 --> 03:17:04,983
my name is Sabrina Vance.

3376
03:17:04,983 --> 03:17:06,603
Because I'm a sequel lawyer.

3377
03:17:06,603 --> 03:17:07,773
I also do housing rights.

3378
03:17:07,773 --> 03:17:10,773
Lawyer, represent tenants and groups

3379
03:17:10,923 --> 03:17:14,133
that want to protect housing, protect tenants.

3380
03:17:14,133 --> 03:17:17,730
I've been practicing for about 25 years,

3381
03:17:17,730 --> 03:17:21,603
secretly land use and housing rights I reject the notion.

3382
03:17:21,603 --> 03:17:24,213
And by the way, I represent citizens for Responsible

3383
03:17:24,213 --> 03:17:26,883
and Equitable Development, a nonprofit organization

3384
03:17:26,883 --> 03:17:32,103
in in this community I reject the notion that the legislature

3385
03:17:32,103 --> 03:17:34,773
intended intended the builders remedy law

3386
03:17:34,773 --> 03:17:37,563
to Trump public health and safety.

3387
03:17:37,563 --> 03:17:40,443
I do not think that one can interpret

3388
03:17:40,443 --> 03:17:44,430
the HCA to actually say that.

3389
03:17:44,103 --> 03:17:47,373
I believe that if that were the case,

3390
03:17:47,373 --> 03:17:51,483
the HCA would not have a public safety exception.

3391
03:17:51,483 --> 03:17:55,803
Now, my friend here, who I respect as an attorney,

3392
03:17:55,803 --> 03:18:00,783
I know he knows this stuff and reasonable minds can disagree,

3393
03:18:00,783 --> 03:18:04,833
but I would ask you to think about whether or not

3394
03:18:04,833 --> 03:18:08,313
it makes rational and logical sense

3395
03:18:08,313 --> 03:18:13,830
to say that the subdivision map Act findings are essential.

3396
03:18:13,830 --> 03:18:19,830
Lee Moot because the HCA trumps the subdivision map Act,

3397
03:18:19,653 --> 03:18:24,213
but that is what my friend would like you to believe.

3398
03:18:24,213 --> 03:18:27,630
I don't think that the language of the HCA

3399
03:18:27,630 --> 03:18:29,643
supports that kind of interpret patient.

3400
03:18:29,643 --> 03:18:32,613
If it did, the HCA would say the Subdivision Map

3401
03:18:32,613 --> 03:18:35,763
Act is exempt in HCA builders.

3402
03:18:35,763 --> 03:18:38,313
For many projects, it doesn't One

3403
03:18:38,313 --> 03:18:42,723
has to read the law in harmony with other laws that

3404
03:18:42,723 --> 03:18:44,495
are not expressly exempt.

3405
03:18:44,495 --> 03:18:46,743
So you have to read the subdivision Map

3406
03:18:46,743 --> 03:18:51,273
Act as requiring you to make the findings that are required

3407
03:18:51,273 --> 03:18:52,983
in the subdivision and Map Act.

3408
03:18:52,983 --> 03:18:58,473
And you cannot do so because the way that the staff report reads

3409
03:18:58,473 --> 03:19:01,443
is that you it doesn't even make the finding.

3410
03:19:01,443 --> 03:19:06,853
It says we do not make the finding because of the well,

3411
03:19:06,853 --> 03:19:09,730
I'm already at the end.

3412
03:19:09,730 --> 03:19:14,253
She's over a couple more things to say, if you don't mind.

3413
03:19:14,253 --> 03:19:16,253
Please, please 15 seconds.

3414
03:19:16,898 --> 03:19:17,909
Don't.

3415
03:19:17,909 --> 03:19:18,663
We don't do that.

3416
03:19:18,663 --> 03:19:20,663
Thank you.

3417
03:19:20,763 --> 03:19:23,163
The Well, I'll just.

3418
03:19:23,223 --> 03:19:24,393
I'll end it here.

3419
03:19:24,393 --> 03:19:30,483
If there ever was a time to reject the to reject a project

3420
03:19:30,483 --> 03:19:34,953
and exercise your police powers, this is the time to do it.

3421
03:19:34,953 --> 03:19:37,753
You approve this one, and you're going

3422
03:19:37,753 --> 03:19:40,148
to have to approve all of them because you

3423
03:19:40,148 --> 03:19:42,277
will have created a precedent and you will

3424
03:19:42,277 --> 03:19:43,874
have hit that first domino.

3425
03:19:43,874 --> 03:19:46,960
And the rest of them go, Thank you.

3426
03:19:46,960 --> 03:19:47,316
And I appreciate your time.

3427
03:19:47,316 --> 03:19:47,926
Thank you.

3428
03:19:47,926 --> 03:19:49,926
Thanks.

3429
03:20:00,483 --> 03:20:02,343
Good evening, Mayor and council members.

3430
03:20:02,343 --> 03:20:06,423
My name is Nicole Bolick Kristin and I live at 21720 Villa Oaks

3431
03:20:06,423 --> 03:20:08,223
Lane here in Saratoga.

3432
03:20:08,223 --> 03:20:11,223
I'm asking you to uphold the Planning Commission's denial

3433
03:20:11,223 --> 03:20:14,463
and to make findings that hold up on review.

3434
03:20:14,463 --> 03:20:16,833
I want to be clear about who bears the impact.

3435
03:20:16,833 --> 03:20:19,173
25 households is what the project adds.

3436
03:20:19,173 --> 03:20:20,703
The people who carry the risk are

3437
03:20:20,703 --> 03:20:22,113
everyone already living along.

3438
03:20:22,113 --> 03:20:25,143
Peirce Road who receive no benefit from the project

3439
03:20:25,143 --> 03:20:28,530
and absorb all the added demand on the way out.

3440
03:20:28,530 --> 03:20:30,460
And a sequel to the Baseline is existing condition.

3441
03:20:30,460 --> 03:20:32,430
So the question in front of you is not

3442
03:20:32,430 --> 03:20:34,388
whether 25 families can evacuate It

3443
03:20:34,388 --> 03:20:36,513
is what happens to the neighborhood that is already

3444
03:20:36,513 --> 03:20:39,393
there when those families join them on the same road.

3445
03:20:39,393 --> 03:20:42,663
The record calls the second road an emergency vehicle access road

3446
03:20:42,663 --> 03:20:45,960
if it's being counted as evacuate from capacity,

3447
03:20:45,960 --> 03:20:46,440
the findings should say.

3448
03:20:46,440 --> 03:20:48,861
So plainly and should state whether it's gated.

3449
03:20:48,861 --> 03:20:49,668
Where terminates.

3450
03:20:49,668 --> 03:20:52,357
As I understand it, it returns to another stretch

3451
03:20:52,357 --> 03:20:55,376
of Peirce road feeding into Highway nine, which will already

3452
03:20:55,376 --> 03:20:57,543
be overwhelmed with the households that live further

3453
03:20:57,543 --> 03:20:58,983
up Highway nine.

3454
03:20:58,983 --> 03:20:59,853
Second, the law.

3455
03:20:59,853 --> 03:21:02,163
I have heard that the HRA leaves this council

3456
03:21:02,163 --> 03:21:05,763
no choice but government code Section 65589.

3457
03:21:05,763 --> 03:21:09,910
5D2 provides a health and safety pathway for denial and requires

3458
03:21:09,910 --> 03:21:13,143
the specific adverse impact that is quantifiable.

3459
03:21:13,143 --> 03:21:15,843
I would ask the city Attorney to state on the record

3460
03:21:15,843 --> 03:21:18,300
whether denial is legally unavailable

3461
03:21:18,300 --> 03:21:20,928
or whether this is a judgment about litigation risk.

3462
03:21:20,928 --> 03:21:22,530
Those are different things.

3463
03:21:22,530 --> 03:21:24,483
And the residents of this city deserve to know.

3464
03:21:24,483 --> 03:21:26,763
And if the record lacks the quantified analysis

3465
03:21:26,763 --> 03:21:29,430
that the statute requires, I ask that you continue

3466
03:21:29,430 --> 03:21:31,710
this matter and direct staff to commission an independent health

3467
03:21:31,710 --> 03:21:34,358
and safety and evacuation study in the city's

3468
03:21:34,358 --> 03:21:36,676
own name on a defined timeline.

3469
03:21:36,676 --> 03:21:37,669
I support.

3470
03:21:37,669 --> 03:21:41,311
Well out housing that doesn't exist in residents at risk,

3471
03:21:41,311 --> 03:21:43,413
especially for three low income and two

3472
03:21:43,413 --> 03:21:45,513
below market rate units, which is not

3473
03:21:45,513 --> 03:21:48,330
an acceptable acceptable benefit for the city.

3474
03:21:48,330 --> 03:21:49,923
While putting hundreds of families at risk.

3475
03:21:49,923 --> 03:21:56,523
Thank you for your time Thank you, Mayor and council members,

3476
03:22:05,673 --> 03:22:07,180
for allowing me to talk.

3477
03:22:07,180 --> 03:22:09,513
I'm not going to repeat everything that's happened here.

3478
03:22:09,513 --> 03:22:12,453
I have a really very pragmatic, simple question.

3479
03:22:12,453 --> 03:22:15,963
I hear clearly that it was related to health and safety.

3480
03:22:15,963 --> 03:22:19,563
You can deny, deny this request.

3481
03:22:19,773 --> 03:22:22,785
So i am totally puzzled because it's

3482
03:22:22,785 --> 03:22:27,257
very clear the data shows that it is impacting health

3483
03:22:27,257 --> 03:22:32,629
and Safety at the same time, the city and the fire department

3484
03:22:32,629 --> 03:22:34,197
is making exceptions.

3485
03:22:34,197 --> 03:22:36,550
Which I just don't understand.

3486
03:22:36,550 --> 03:22:39,303
We know there are so many exceptions

3487
03:22:39,303 --> 03:22:45,303
made, including the number of units and also the setbacks.

3488
03:22:45,568 --> 03:22:47,943
We're making accommodations on setbacks.

3489
03:22:47,943 --> 03:22:49,563
I don't even get it.

3490
03:22:49,563 --> 03:22:54,300
You have so many reasons you can use to deny this.

3491
03:22:54,300 --> 03:22:57,603
And if you're worried about lawsuits,

3492
03:22:57,783 --> 03:23:01,533
you should also consider what happens if there is a fire.

3493
03:23:01,533 --> 03:23:04,563
You will have hundreds of lawsuits against the city.

3494
03:23:04,563 --> 03:23:09,930
That city approved knowingly that it affects the safety

3495
03:23:09,930 --> 03:23:12,693
and of the people of Saratoga.

3496
03:23:13,353 --> 03:23:18,153
I have lived with my family in saratoga,

3497
03:23:19,143 --> 03:23:24,423
and I passed through the road for the last 38 years.

3498
03:23:24,423 --> 03:23:28,233
And I don't know how many times that road gets blocked

3499
03:23:28,233 --> 03:23:29,913
for one reason or the other.

3500
03:23:29,913 --> 03:23:32,253
A tree falls down.

3501
03:23:32,253 --> 03:23:35,643
That is a land in a landslide and so on and so forth.

3502
03:23:35,643 --> 03:23:38,313
So it's not Steve, how many people can pass through there,

3503
03:23:38,313 --> 03:23:39,873
whether it's even available.

3504
03:23:39,873 --> 03:23:44,523
In fact, there was a fire up on the mountain and hills,

3505
03:23:44,523 --> 03:23:46,773
and we are actually preparing to evacuate.

3506
03:23:46,773 --> 03:23:49,713
And we were told that we can't go through mountain

3507
03:23:49,713 --> 03:23:54,273
and because they had all the fire trucks there.

3508
03:23:54,273 --> 03:23:57,577
So even the availability of the road is not guaranteed.

3509
03:23:57,577 --> 03:24:02,170
And now if you add this many units as many people have said,

3510
03:24:02,170 --> 03:24:04,554
it is not just a slippery slope.

3511
03:24:04,554 --> 03:24:06,457
Once your procedural tool like more

3512
03:24:06,457 --> 03:24:11,193
and you'll have a serious health and safety situation.

3513
03:24:11,193 --> 03:24:13,383
I don't know how you can deny that.

3514
03:24:13,383 --> 03:24:18,543
I really request the council to uphold the Planning Commission's

3515
03:24:18,543 --> 03:24:20,648
denial of mass initiatives.

3516
03:24:20,648 --> 03:24:21,153
Thank you.

3517
03:24:21,153 --> 03:24:21,653
Thank you.

3518
03:24:21,653 --> 03:24:26,523
Below came the last speaker slip I have is from Mahal.

3519
03:24:26,523 --> 03:24:31,323
Mohan A few things stick out from everything

3520
03:24:40,833 --> 03:24:44,643
that we've been exposed to, everything we've heard.

3521
03:24:44,643 --> 03:24:50,103
First is there is a constant assertion that the HRA is

3522
03:24:50,103 --> 03:24:51,513
the job of this committee is just

3523
03:24:51,513 --> 03:24:55,263
to infer approve or be there and move on

3524
03:24:55,263 --> 03:24:58,713
And I have equally well heard that there is actually

3525
03:24:58,713 --> 03:25:00,426
an exception to the HRA.

3526
03:25:00,426 --> 03:25:06,123
If there is a real fire and evacuation at risk and the air

3527
03:25:06,123 --> 03:25:11,163
and the various documents that for referenced made statements

3528
03:25:11,163 --> 03:25:15,363
about unmitigated will high risk of evacuation.

3529
03:25:15,753 --> 03:25:19,833
So what the city council does, if it actually overrules

3530
03:25:19,833 --> 03:25:22,623
the planning commission judgment and allows this project

3531
03:25:22,623 --> 03:25:28,563
to go forward, is to set aside the concern for the welfare

3532
03:25:28,563 --> 03:25:31,491
of the citizens and a wildfire situation

3533
03:25:31,491 --> 03:25:34,203
are trying to evacuate the town in order

3534
03:25:34,203 --> 03:25:39,393
to somehow be good voice under the state's HRA mandate.

3535
03:25:39,393 --> 03:25:43,773
I think there is a misstatement and a misinterpretation that

3536
03:25:43,773 --> 03:25:47,103
is being promulgated here that the HRA has

3537
03:25:47,103 --> 03:25:48,603
no exceptions at all.

3538
03:25:48,603 --> 03:25:51,363
You can see the fire department here made a bunch of exceptions

3539
03:25:51,363 --> 03:25:53,523
in terms of 30ft setback or a whole bunch of other

3540
03:25:53,523 --> 03:25:58,233
considerations and only evaluated water access and road

3541
03:25:58,233 --> 03:26:01,233
front does something like that.

3542
03:26:01,765 --> 03:26:03,543
It's it's like a sewer.

3543
03:26:03,543 --> 03:26:08,253
It's full of holes in terms of allowing for this

3544
03:26:08,253 --> 03:26:10,923
as a fire safe development.

3545
03:26:10,923 --> 03:26:15,543
So I asked that you don't have fire and blood

3546
03:26:15,543 --> 03:26:19,593
on your hands by overlooking the well articulated

3547
03:26:19,593 --> 03:26:23,703
under documented safety risks of this very

3548
03:26:23,703 --> 03:26:25,713
next piece of the hills.

3549
03:26:25,713 --> 03:26:28,230
That's also a high fire risk area.

3550
03:26:28,230 --> 03:26:29,883
And overall, the Planning Commission

3551
03:26:29,883 --> 03:26:32,673
said in order to just sort of make it easy for yourself,

3552
03:26:32,673 --> 03:26:33,633
Thank you.

3553
03:26:33,633 --> 03:26:35,633
Thank you.

3554
03:26:36,303 --> 03:26:39,430
K for go to our virtual.

3555
03:26:39,430 --> 03:26:41,130
Let's see if there's anyone else who'd

3556
03:26:41,130 --> 03:26:43,380
like to speak before I move, because we're not

3557
03:26:43,380 --> 03:26:45,630
going to come back to anybody in the chambers.

3558
03:26:45,630 --> 03:26:47,290
So anyone else would like to come up to speak.

3559
03:26:47,290 --> 03:26:53,290
Please come up and speak My name is Elaine Dalio.

3560
03:27:04,881 --> 03:27:07,879
I did not to thinking I will ever speak today,

3561
03:27:07,879 --> 03:27:10,332
but after I hear all of the things.

3562
03:27:10,332 --> 03:27:14,577
And by the way, I live near the pierce lode,

3563
03:27:14,577 --> 03:27:19,737
I go out and home every day through Pierce.

3564
03:27:19,737 --> 03:27:25,281
So i was thinking before you make the vote first,

3565
03:27:25,281 --> 03:27:29,807
I think that News the fire is early,

3566
03:27:29,807 --> 03:27:35,463
so I think you need to remember how much fire was there.

3567
03:27:35,463 --> 03:27:38,103
I think everybody know that.

3568
03:27:38,103 --> 03:27:41,883
And the fire is from the mountain

3569
03:27:41,883 --> 03:27:44,793
and then goes all the way.

3570
03:27:44,793 --> 03:27:52,593
So I think never will happened to us Another thing is if fire.

3571
03:27:53,163 --> 03:27:57,393
What happened to the Pierce Pierce is too small.

3572
03:27:57,393 --> 03:27:59,973
So before you approved anybody, I

3573
03:27:59,973 --> 03:28:04,863
think you should just to make a project, make Pierce better

3574
03:28:04,863 --> 03:28:07,203
or make another way.

3575
03:28:07,203 --> 03:28:10,787
I think that would be good for our citizens.

3576
03:28:10,787 --> 03:28:11,796
OK.

3577
03:28:11,796 --> 03:28:13,310
As all.

3578
03:28:13,310 --> 03:28:19,910
Saratoga that we have to do something good for our family

3579
03:28:20,402 --> 03:28:27,200
and the kids wherever and the John rush to the judges

3580
03:28:28,324 --> 03:28:34,593
want to approve anything before you make a wrote to be safe.

3581
03:28:34,593 --> 03:28:41,463
And then you can do other things also in the while fire

3582
03:28:41,463 --> 03:28:45,993
and that there is no way you can actually do anything.

3583
03:28:45,993 --> 03:28:50,256
You're putting more people in to those mountain.

3584
03:28:50,256 --> 03:28:53,256
You actually create more accident.

3585
03:28:53,572 --> 03:28:55,972
That's what I think.

3586
03:28:56,335 --> 03:28:57,440
OK.

3587
03:28:57,440 --> 03:29:04,143
So please just think about if you are living in the mountain,

3588
03:29:04,143 --> 03:29:08,439
if you have something happen to your family what

3589
03:29:08,439 --> 03:29:10,617
are you going to do?

3590
03:29:10,617 --> 03:29:14,247
Please make sure the exit is a very important.

3591
03:29:14,247 --> 03:29:16,425
And then make it exit.

3592
03:29:16,425 --> 03:29:19,983
Then you can have more people by the way,

3593
03:29:19,983 --> 03:29:22,830
for the loading come February.

3594
03:29:22,830 --> 03:29:28,830
I think on the flat area near the public station

3595
03:29:28,263 --> 03:29:30,370
is a more suitable for them.

3596
03:29:30,370 --> 03:29:31,203
Thank you very much.

3597
03:29:31,203 --> 03:29:32,730
Thank you.

3598
03:29:32,730 --> 03:29:34,730
By.

3599
03:29:35,130 --> 03:29:37,130
Okay great Oh.

3600
03:29:39,242 --> 03:29:40,271
Oh.

3601
03:29:40,271 --> 03:29:41,814
Thank you.

3602
03:29:41,814 --> 03:29:43,357
Thank you.

3603
03:29:43,357 --> 03:29:48,108
To the City Council members to give us

3604
03:29:48,108 --> 03:29:50,367
a couple of minutes to speak.

3605
03:29:50,367 --> 03:29:52,949
I had only a couple of questions.

3606
03:29:52,949 --> 03:29:55,209
The 30 foot setback that was required

3607
03:29:55,209 --> 03:30:01,983
in the very high respire zone, I. Why is that not being met?

3608
03:30:01,983 --> 03:30:06,183
And what does the written specification which allows it

3609
03:30:06,183 --> 03:30:09,603
to be instead interpreted as just the distance between

3610
03:30:09,603 --> 03:30:14,493
the two homes the written law says that it has to be 30ft

3611
03:30:14,493 --> 03:30:15,843
setback.

3612
03:30:15,843 --> 03:30:18,723
What what is the written record that allows it

3613
03:30:18,723 --> 03:30:20,373
to be interpreted differently?

3614
03:30:20,373 --> 03:30:24,333
I would like for the city to explain that that has not

3615
03:30:24,333 --> 03:30:25,556
been quite answered.

3616
03:30:25,556 --> 03:30:27,528
The second is the 30 foot setback

3617
03:30:27,528 --> 03:30:30,627
is not being met, as far as I understand,

3618
03:30:30,627 --> 03:30:33,444
by the below market and the low income houses.

3619
03:30:33,444 --> 03:30:35,697
How is it that as a city.

3620
03:30:35,697 --> 03:30:38,452
We decide that the lower income houses with.

3621
03:30:38,452 --> 03:30:41,316
It's called the low market or low income?

3622
03:30:41,316 --> 03:30:44,373
Why they alone don't deserve the safety requirements of the 30

3623
03:30:44,373 --> 03:30:45,513
foot setback.

3624
03:30:45,513 --> 03:30:46,743
Those are my two questions.

3625
03:30:46,743 --> 03:30:47,763
Thank you.

3626
03:30:47,763 --> 03:30:52,563
Thank you Hi, my name is Steve Overcast.

3627
03:31:07,713 --> 03:31:10,600
I live on Surrey Lane Living here for 26 years.

3628
03:31:10,600 --> 03:31:11,643
Thank you for giving me an opportunity

3629
03:31:11,643 --> 03:31:14,695
to speak for the last for most of this year

3630
03:31:14,695 --> 03:31:16,653
I've been on crutches for a variety of reasons.

3631
03:31:16,653 --> 03:31:20,913
So suddenly this discussion about evacuation and X

3632
03:31:20,913 --> 03:31:23,463
and address make a lot of sense to me

3633
03:31:23,463 --> 03:31:27,843
for completely different reasons than I was here last year.

3634
03:31:27,843 --> 03:31:32,463
Having making comments on a similar project on our road.

3635
03:31:32,463 --> 03:31:36,661
I live much further down on Surrey Lane on Pierce

3636
03:31:36,661 --> 03:31:38,868
than the Mass on.

3637
03:31:38,868 --> 03:31:39,750
Project.

3638
03:31:39,750 --> 03:31:44,163
However, the fact that getting out and getting around

3639
03:31:44,163 --> 03:31:47,133
and especially for people like with disabilities and hopefully

3640
03:31:47,133 --> 03:31:48,453
my next year.

3641
03:31:48,453 --> 03:31:50,763
I'm going to be good again.

3642
03:31:50,763 --> 03:31:54,377
But I know there are people on more permanent and worse

3643
03:31:54,377 --> 03:31:55,949
situations than I am.

3644
03:31:55,949 --> 03:32:00,351
And I just want to make sure that we are thinking of them.

3645
03:32:00,351 --> 03:32:03,300
Thinking of how it is impacts everybody.

3646
03:32:03,300 --> 03:32:06,530
And not just people who are able to get in a car

3647
03:32:06,530 --> 03:32:11,107
and drive away, which sadly, I'm not able to do for a few months.

3648
03:32:11,107 --> 03:32:11,914
Thank you.

3649
03:32:11,914 --> 03:32:17,314
Thank you OK, We'll move to our remote speakers.

3650
03:32:26,373 --> 03:32:31,248
Oh, if anybody else wants to speak, please come down.

3651
03:32:31,248 --> 03:32:31,998
Forward.

3652
03:32:31,998 --> 03:32:34,903
So you don't We can get that.

3653
03:32:34,903 --> 03:32:35,403
All right.

3654
03:32:35,403 --> 03:32:36,393
Is it on?

3655
03:32:36,393 --> 03:32:36,913
Yep.

3656
03:32:36,913 --> 03:32:37,413
All right.

3657
03:32:37,413 --> 03:32:39,243
I'm going to be very brief and I'm just

3658
03:32:39,243 --> 03:32:40,713
going to talk about math.

3659
03:32:40,713 --> 03:32:46,293
Some very, very basic math that any lawyer could easily

3660
03:32:46,293 --> 03:32:50,823
explain to any jury the message is this one.

3661
03:32:50,823 --> 03:32:53,583
So we are talking about not just Mason Estates

3662
03:32:53,583 --> 03:32:58,353
We're talking about seven other developments on Pierce Road.

3663
03:32:58,353 --> 03:33:02,555
If you do some basic math, we're talking about 450 homes,

3664
03:33:02,555 --> 03:33:04,555
families of four.

3665
03:33:04,688 --> 03:33:11,288
If I do the math correctly, we are talking about 1,800 people

3666
03:33:11,619 --> 03:33:17,190
a additional 1800 people living on Pierce Street and using

3667
03:33:17,523 --> 03:33:24,930
Pierce Road on a daily basis I advise you all to drive Pierce

3668
03:33:24,930 --> 03:33:25,830
Road.

3669
03:33:25,830 --> 03:33:30,483
It is narrow and surrounded by flammable bull oaks

3670
03:33:32,343 --> 03:33:33,693
That's all I'm going to say.

3671
03:33:33,693 --> 03:33:38,103
1800 people more that would need to be evacuated.

3672
03:33:38,103 --> 03:33:41,320
And again, we're not talking about just Mason estate.

3673
03:33:41,320 --> 03:33:43,564
It might be defensible on its own,

3674
03:33:43,564 --> 03:33:46,412
but when you look across all seven projects that

3675
03:33:46,412 --> 03:33:49,576
are going to be approved, if this one gets

3676
03:33:49,576 --> 03:33:53,853
approved This is you need you to think about your safety

3677
03:33:53,853 --> 03:33:58,743
and think how you will be defending yourself if you know

3678
03:33:58,743 --> 03:34:02,823
it's the city council in the future has to defend themselves

3679
03:34:02,823 --> 03:34:06,930
against the fact that we you will

3680
03:34:06,930 --> 03:34:10,855
have jeopardized the safety of the residents living on.

3681
03:34:10,855 --> 03:34:12,228
Password.

3682
03:34:12,228 --> 03:34:14,228
Thank you.

3683
03:34:14,286 --> 03:34:16,286
Thank you.

3684
03:34:16,345 --> 03:34:17,718
OK.

3685
03:34:17,718 --> 03:34:21,318
I think we're cool for online.

3686
03:34:22,933 --> 03:34:23,433
Okay.

3687
03:34:23,433 --> 03:34:25,433
First is Rafi.

3688
03:34:26,183 --> 03:34:26,683
Sure.

3689
03:34:26,683 --> 03:34:28,752
Turn to speak in.

3690
03:34:28,752 --> 03:34:29,252
Great.

3691
03:34:29,252 --> 03:34:30,469
Can you hear me?

3692
03:34:30,469 --> 03:34:31,803
Yes, go ahead.

3693
03:34:31,803 --> 03:34:32,336
OK.

3694
03:34:32,336 --> 03:34:33,136
Good evening.

3695
03:34:33,136 --> 03:34:36,603
My name is terrific Power and I live on Mount Eden Road.

3696
03:34:36,603 --> 03:34:37,403
And I'm.

3697
03:34:37,403 --> 03:34:39,783
I'm here to say some things simple, which

3698
03:34:39,783 --> 03:34:42,993
is this city can fight this.

3699
03:34:42,993 --> 03:34:44,583
Other cities have.

3700
03:34:44,583 --> 03:34:48,213
And I don't believe we truly tried it, you know,

3701
03:34:48,213 --> 03:34:52,323
for months we've been told what Saratoga cannot do.

3702
03:34:52,323 --> 03:34:54,183
Our hands are tied.

3703
03:34:54,183 --> 03:34:56,730
The state won't let us.

3704
03:34:56,730 --> 03:34:59,643
Every conversation starts from this surrender.

3705
03:34:59,643 --> 03:35:00,543
But what?

3706
03:35:00,543 --> 03:35:01,323
What?

3707
03:35:01,323 --> 03:35:04,530
That isn't what is happening elsewhere in California.

3708
03:35:04,530 --> 03:35:06,123
Communities up and down the state

3709
03:35:06,123 --> 03:35:09,753
have pushed back on project exactly like this one.

3710
03:35:09,753 --> 03:35:13,530
And they've won some used the public safety

3711
03:35:13,530 --> 03:35:15,903
exception the same one available to you tonight.

3712
03:35:15,903 --> 03:35:18,213
And by the way, I still haven't heard

3713
03:35:18,213 --> 03:35:21,213
a valid clearly articulated argument

3714
03:35:21,663 --> 03:35:24,183
as to why our current written standards.

3715
03:35:24,183 --> 03:35:27,573
The state fires safety road rules, our fire code,

3716
03:35:27,573 --> 03:35:31,143
our own safety plan can't be considered written.

3717
03:35:31,143 --> 03:35:35,943
Objective standards in place prior to the application

3718
03:35:36,363 --> 03:35:38,493
I haven't heard that argument being made

3719
03:35:38,493 --> 03:35:41,343
or why we're not fighting that that is a valid argument.

3720
03:35:41,343 --> 03:35:43,833
Other cities went straight to their legislators

3721
03:35:43,833 --> 03:35:46,923
and got themselves written out of these rules entirely.

3722
03:35:46,923 --> 03:35:49,413
Santa Barbara did that in a single session, One

3723
03:35:49,413 --> 03:35:52,323
neighborhood, one senator signed into law.

3724
03:35:52,323 --> 03:35:54,963
They didn't win because their situation was better than ours.

3725
03:35:54,963 --> 03:35:59,103
Ours is worse They won because their cities decided to fight.

3726
03:35:59,103 --> 03:36:00,873
You know, I've also heard the argument

3727
03:36:00,873 --> 03:36:03,930
that if the city doesn't approve this project,

3728
03:36:03,930 --> 03:36:05,763
there's a risk that builders remedy opportunities could

3729
03:36:05,763 --> 03:36:06,963
open up again.

3730
03:36:06,963 --> 03:36:09,783
The state could decertify our housing element.

3731
03:36:09,783 --> 03:36:12,483
Has that risk been truly quantified?

3732
03:36:12,483 --> 03:36:14,763
Have we thought about whether that might be worth

3733
03:36:14,763 --> 03:36:16,533
letting happen to fight this?

3734
03:36:16,533 --> 03:36:18,260
You know, we've been told by the city

3735
03:36:18,260 --> 03:36:21,277
that it can push back when there are objective written health

3736
03:36:21,277 --> 03:36:23,197
and safety standards on the books.

3737
03:36:23,197 --> 03:36:24,843
So fine, adopt them.

3738
03:36:24,843 --> 03:36:26,973
Now, this month that will protect us

3739
03:36:26,973 --> 03:36:28,923
if we're faced with another builder's remedies

3740
03:36:28,923 --> 03:36:30,930
situation in the future.

3741
03:36:30,930 --> 03:36:31,863
Because we fought this one.

3742
03:36:31,863 --> 03:36:34,323
That's just one idea from one resident.

3743
03:36:34,323 --> 03:36:38,193
But I just want to see our city working aggressively

3744
03:36:38,193 --> 03:36:40,203
on this on this approach.

3745
03:36:40,203 --> 03:36:42,393
I understand there's risk in fighting.

3746
03:36:42,393 --> 03:36:46,593
But I want you to weigh honestly against the risk of not fighting

3747
03:36:46,593 --> 03:36:48,933
If we if we fight and we thank you

3748
03:36:48,933 --> 03:36:50,643
for this litigation that's money.

3749
03:36:50,643 --> 03:36:51,813
It's painful.

3750
03:36:51,813 --> 03:36:53,433
But if the city doesn't fight, we

3751
03:36:53,433 --> 03:36:57,630
get this project and the next one and the next one on a road.

3752
03:36:57,630 --> 03:36:59,430
You already know is unsafe.

3753
03:36:59,430 --> 03:37:00,513
Thank you.

3754
03:37:00,513 --> 03:37:03,513
Thank you Next is timely.

3755
03:37:10,363 --> 03:37:12,763
And I'm telling all.

3756
03:37:13,283 --> 03:37:16,737
And I live on Mount eden.

3757
03:37:16,737 --> 03:37:19,141
Right directly under a mountain in a winery.

3758
03:37:19,141 --> 03:37:21,812
And often here, the concerts from Mountain Winery.

3759
03:37:21,812 --> 03:37:25,213
And we moved here a year ago with our four kids and our two

3760
03:37:25,213 --> 03:37:25,713
dogs.

3761
03:37:25,713 --> 03:37:27,338
And we're very active in the community.

3762
03:37:27,338 --> 03:37:30,843
And we quickly found out that we have this development that's

3763
03:37:30,843 --> 03:37:31,983
been proposed.

3764
03:37:31,983 --> 03:37:34,593
2200 has a development right next door to us,

3765
03:37:34,593 --> 03:37:37,910
and Mount Eden has one right across the street

3766
03:37:37,910 --> 03:37:39,813
located on the east side of Mount Union Road between Villa

3767
03:37:39,813 --> 03:37:40,863
Oaks Lane and Vista.

3768
03:37:40,863 --> 03:37:42,273
Regina.

3769
03:37:42,273 --> 03:37:43,999
It's very terrifying to know that there

3770
03:37:43,999 --> 03:37:46,291
are three developments that are sitting within a couple

3771
03:37:46,291 --> 03:37:49,896
feet of our house that could impact our ability to get out.

3772
03:37:49,896 --> 03:37:53,501
I don't know if you've ever been to the Mountain Winery concerts.

3773
03:37:53,501 --> 03:37:55,540
They're great until you hit the traffic.

3774
03:37:55,540 --> 03:37:57,229
If you're ever on Mount Union Road

3775
03:37:57,229 --> 03:37:58,919
and you're trying to turn on appears

3776
03:37:58,919 --> 03:38:00,609
to leave or exit the community.

3777
03:38:00,609 --> 03:38:03,230
And you could be sitting there for 20 minutes waiting

3778
03:38:03,230 --> 03:38:05,359
for a break in the traffic as people are trying

3779
03:38:05,359 --> 03:38:06,867
to get off of pure street.

3780
03:38:06,867 --> 03:38:08,805
You could be on Piers for 30 minutes waiting

3781
03:38:08,805 --> 03:38:10,528
at the line at Saratoga, Sunnyvale,

3782
03:38:10,528 --> 03:38:12,467
trying to get back on to the freeway.

3783
03:38:12,467 --> 03:38:14,406
And this is without a plane behind you.

3784
03:38:14,406 --> 03:38:17,630
The traffic on Piers Road that has become from this property

3785
03:38:17,630 --> 03:38:17,853
is immense.

3786
03:38:17,853 --> 03:38:19,696
And it impacts the local community.

3787
03:38:19,696 --> 03:38:21,539
Another thing that I want to state

3788
03:38:21,539 --> 03:38:23,119
is that the applicant also mentioned

3789
03:38:23,119 --> 03:38:25,833
that they have no brush management and no evacuation

3790
03:38:25,833 --> 03:38:26,583
plan.

3791
03:38:26,583 --> 03:38:29,943
However, they encourage and invite people to their venue

3792
03:38:29,943 --> 03:38:30,993
all the time.

3793
03:38:30,993 --> 03:38:32,978
This puts the local community already at risk.

3794
03:38:32,978 --> 03:38:34,353
Why would we trust this applicant

3795
03:38:34,353 --> 03:38:37,436
knowing that this is already a risky situation, that he's been

3796
03:38:37,436 --> 03:38:38,715
involving the community in.

3797
03:38:38,715 --> 03:38:40,506
And now he wants to further develop

3798
03:38:40,506 --> 03:38:42,808
on this property for his own personal gains?

3799
03:38:42,808 --> 03:38:45,100
I didn't know about the hotel That's.

3800
03:38:45,100 --> 03:38:46,977
Thank you for bringing that to my attention.

3801
03:38:46,977 --> 03:38:49,392
That's definitely something I need to be more engaged in,

3802
03:38:49,392 --> 03:38:51,966
as well as I'm sure there's no benefit to low income housing

3803
03:38:51,966 --> 03:38:52,466
there.

3804
03:38:52,466 --> 03:38:55,125
I know that that might be in Santa Clara County,

3805
03:38:55,125 --> 03:38:57,330
but of course, it still impacts your residents.

3806
03:38:57,330 --> 03:38:58,983
So I just hope that you really think

3807
03:38:58,983 --> 03:39:00,858
through the precedent that you'll be setting,

3808
03:39:00,858 --> 03:39:02,842
not only with this development and the other developments

3809
03:39:02,842 --> 03:39:04,323
and the risks that you're already

3810
03:39:04,323 --> 03:39:07,233
putting on your local residents with the fire evacuation

3811
03:39:07,233 --> 03:39:08,883
issues on Pierce.

3812
03:39:08,883 --> 03:39:10,173
Thank you.

3813
03:39:10,173 --> 03:39:14,373
Thank you, Tony Next is Bina Hello.

3814
03:39:24,198 --> 03:39:26,683
Can you yes, go ahead.

3815
03:39:26,683 --> 03:39:29,168
Hi, my name is Peter.

3816
03:39:29,168 --> 03:39:32,168
And good evening, council members.

3817
03:39:32,643 --> 03:39:36,380
I'm Richard Quest that you would divide project meeting

3818
03:39:36,380 --> 03:39:40,533
on in on the transport on a mountain road.

3819
03:39:40,533 --> 03:39:43,838
And I think it a very dangerous idea

3820
03:39:43,838 --> 03:39:46,275
to approve anything like this.

3821
03:39:46,275 --> 03:39:48,713
And then have this cascading effect

3822
03:39:48,713 --> 03:39:53,163
of having other projects with a positive precedent Yes.

3823
03:39:53,163 --> 03:39:55,713
It also signal growth going up and down

3824
03:39:55,713 --> 03:40:01,550
one lane up and one game down, winding Dr. Kobes and then

3825
03:40:01,550 --> 03:40:03,985
lots of trees off the site.

3826
03:40:03,985 --> 03:40:08,507
And it looks like the fire department has been on a roll.

3827
03:40:08,507 --> 03:40:10,941
It has been very flexible in order

3828
03:40:10,941 --> 03:40:14,613
to accommodate this project And this whole thing about it

3829
03:40:14,613 --> 03:40:17,943
being some sort of an advantage for housing

3830
03:40:17,943 --> 03:40:22,323
and providing housing and adding all these forms of forms

3831
03:40:22,323 --> 03:40:24,303
to elsewhere.

3832
03:40:24,303 --> 03:40:27,183
In the end, they're all going to be with us

3833
03:40:27,183 --> 03:40:30,843
and a more risky situation while the builder makes his money

3834
03:40:30,843 --> 03:40:34,230
and walks away it just becomes more and more dangerous

3835
03:40:34,230 --> 03:40:40,623
as years go by and congestion builds up on these roads.

3836
03:40:40,743 --> 03:40:42,903
You know, this road even gets very congested.

3837
03:40:42,903 --> 03:40:46,683
Like some people said when mountain Mind has control,

3838
03:40:46,683 --> 03:40:49,923
it just gets clogged up and it takes a long time

3839
03:40:49,923 --> 03:40:51,813
to go one way or the other.

3840
03:40:51,813 --> 03:40:55,473
And I can just imagine quietly trying to come up

3841
03:40:55,473 --> 03:40:58,563
or an emergency vehicle trying to go down or whatever.

3842
03:40:58,563 --> 03:41:00,630
And cars are stuck.

3843
03:41:00,630 --> 03:41:03,273
There's no way to make exit that road

3844
03:41:03,273 --> 03:41:06,753
and let the fire truck pass in that situation.

3845
03:41:06,753 --> 03:41:10,833
So it's just extremely dangerous and you know,

3846
03:41:10,833 --> 03:41:14,730
it's just a fact of the precedent that this would set.

3847
03:41:14,730 --> 03:41:17,643
That makes me think that this is a very blocking tool in order

3848
03:41:17,643 --> 03:41:23,853
for us not to have to take a losing backing in the future

3849
03:41:23,853 --> 03:41:25,278
to get them to.

3850
03:41:25,278 --> 03:41:27,843
So anything you could do, could you

3851
03:41:27,843 --> 03:41:32,643
go through President and safety on people's property?

3852
03:41:32,733 --> 03:41:34,733
Thank you.

3853
03:41:38,103 --> 03:41:42,903
Next is an iPhone Hi, this is Brady.

3854
03:41:47,313 --> 03:41:49,743
I live on Pierce Road and i would

3855
03:41:49,743 --> 03:41:53,943
like to echo several of the speakers.

3856
03:41:54,213 --> 03:41:58,413
I mean, the commenters ideas, specifically graphics

3857
03:41:59,223 --> 03:42:03,330
and the lawyers and the lady with the map

3858
03:42:03,330 --> 03:42:07,233
putting in total 1800 more people on pierce.

3859
03:42:09,300 --> 03:42:10,743
It doesn't make any sense.

3860
03:42:10,743 --> 03:42:13,323
It's dangerous in many places.

3861
03:42:13,323 --> 03:42:16,830
And Pierce Street, if you go up and down this road,

3862
03:42:16,830 --> 03:42:18,633
are literally touching the road.

3863
03:42:18,633 --> 03:42:21,933
If there's a fire somebody hits the side sign

3864
03:42:21,933 --> 03:42:24,723
and is going to come and no one can get out.

3865
03:42:24,723 --> 03:42:26,883
If a fire engine is trying to come in,

3866
03:42:26,883 --> 03:42:28,683
it's going to block people because it's

3867
03:42:28,683 --> 03:42:32,163
going to push into the road and people can't drive by.

3868
03:42:32,163 --> 03:42:36,843
Everyone who signs up on this is basically

3869
03:42:36,843 --> 03:42:40,533
exposing the city to liability because we're

3870
03:42:40,533 --> 03:42:42,393
signing off on this.

3871
03:42:42,393 --> 03:42:46,563
The guys were coming up at the traffic protection who

3872
03:42:46,563 --> 03:42:49,743
haven't done a proper job They're also exposing us

3873
03:42:49,743 --> 03:42:51,543
to this risk.

3874
03:42:51,543 --> 03:42:55,413
The five firemen who are basically being very

3875
03:42:55,413 --> 03:42:58,817
relaxed in looking at every thing.

3876
03:42:58,817 --> 03:43:04,503
I've also I've creating more risk on all the existing people

3877
03:43:04,503 --> 03:43:05,403
who live there.

3878
03:43:05,403 --> 03:43:08,730
It doesn't make any sense to add more people

3879
03:43:08,730 --> 03:43:10,653
to an already dangerous road.

3880
03:43:10,653 --> 03:43:15,783
I highly recommend we take the two ideas to basically bypass

3881
03:43:15,783 --> 03:43:18,333
and stop this due to safety.

3882
03:43:18,333 --> 03:43:20,333
Thank you.

3883
03:43:20,763 --> 03:43:22,763
Thank you.

3884
03:43:26,913 --> 03:43:29,313
I have no other speakers.

3885
03:43:29,313 --> 03:43:30,333
Okay.

3886
03:43:30,333 --> 03:43:34,413
Then we will close the public comment period

3887
03:43:34,413 --> 03:43:36,933
and bring it back to council.

3888
03:43:36,933 --> 03:43:38,716
I see that it's 10:45.

3889
03:43:38,716 --> 03:43:39,608
I think.

3890
03:43:39,608 --> 03:43:42,877
We would normally take a break in about 15 minutes.

3891
03:43:42,877 --> 03:43:45,849
Do you want to take a quick one now,

3892
03:43:45,849 --> 03:43:49,773
or shall we go forward for Oh, we got the.

3893
03:43:49,773 --> 03:43:51,150
Appellant Yes, sorry.

3894
03:43:51,150 --> 03:43:52,755
Gosh, I'm losing it here.

3895
03:43:52,755 --> 03:43:55,738
So yeah, please, the appellant can come back up.

3896
03:43:55,738 --> 03:43:58,912
And I'm so sorry Good evening, Mayor Paige and members

3897
03:43:58,912 --> 03:44:00,274
of the City Council.

3898
03:44:00,274 --> 03:44:03,816
My name is Brian Winter and I'm the land use and secure attorney

3899
03:44:03,816 --> 03:44:06,268
on behalf of the applicant, I am going

3900
03:44:06,268 --> 03:44:09,573
to try to simplify the two things that we're wrestling

3901
03:44:09,573 --> 03:44:11,853
with tonight as best I can.

3902
03:44:11,853 --> 03:44:15,303
Just briefly, I've been doing this also for about 25 years.

3903
03:44:15,303 --> 03:44:17,163
I've also served as a city attorney.

3904
03:44:17,163 --> 03:44:20,553
I've been involved in the drafting of SB 330

3905
03:44:20,553 --> 03:44:22,533
and numerous others of the state housing laws,

3906
03:44:22,533 --> 03:44:25,683
including many of the recent amendments to the AG going back

3907
03:44:25,683 --> 03:44:27,963
over the last 8 or 10 years.

3908
03:44:27,963 --> 03:44:30,633
If you go back to the inception in 1982,

3909
03:44:30,633 --> 03:44:32,703
it was originally a one paragraph statute

3910
03:44:32,703 --> 03:44:34,263
that didn't say very much, and it's

3911
03:44:34,263 --> 03:44:37,293
been amended 25, 26 times at this point,

3912
03:44:37,293 --> 03:44:40,113
always in the direction of strengthening the law.

3913
03:44:40,113 --> 03:44:41,553
If you read the statute carefully,

3914
03:44:41,553 --> 03:44:43,983
you can see that the legislature very much recognizes

3915
03:44:43,983 --> 03:44:46,263
that the lack of housing in California

3916
03:44:46,263 --> 03:44:47,973
and the denial of housing projects

3917
03:44:47,973 --> 03:44:51,423
are improper reasons is actually a significant negative effect

3918
03:44:51,423 --> 03:44:52,653
on the environment.

3919
03:44:52,653 --> 03:44:55,173
Says that itself, if you read it carefully,

3920
03:44:55,173 --> 03:44:59,343
the source substantive reference to secure is in subsection E,

3921
03:44:59,343 --> 03:45:03,630
and it it acknowledges that development projects

3922
03:45:03,630 --> 03:45:07,230
must comply with secure whatever given project requires.

3923
03:45:07,230 --> 03:45:08,193
If you look at secure.

3924
03:45:08,193 --> 03:45:11,430
So you have an agency where the two major laws you're wrestling

3925
03:45:11,430 --> 03:45:16,712
with tonight if you look at secure and section 21 000G

3926
03:45:16,712 --> 03:45:20,163
secure recognized is the need to provide housing for every

3927
03:45:20,163 --> 03:45:21,393
Californian.

3928
03:45:21,393 --> 03:45:26,433
If you look at section 21004 of the public resources code

3929
03:45:26,433 --> 03:45:29,163
and 15040 of the secure guidelines,

3930
03:45:29,163 --> 03:45:31,263
those sections explain very clearly

3931
03:45:31,263 --> 03:45:33,363
that secure is not an independent source

3932
03:45:33,363 --> 03:45:34,173
of legal authority.

3933
03:45:34,173 --> 03:45:37,353
And in fact secure is subject to the authorities set forth

3934
03:45:37,353 --> 03:45:41,223
in other laws such as the Housing Accountability Act.

3935
03:45:41,223 --> 03:45:44,163
Secret secret does not operate in a vacuum and nothing

3936
03:45:44,163 --> 03:45:47,673
in sequel or anywhere else says that, quote, trumps the Housing

3937
03:45:47,673 --> 03:45:48,940
Accountability Act.

3938
03:45:48,940 --> 03:45:50,523
If you go back and look at the housing

3939
03:45:50,523 --> 03:45:53,883
Accountability Act, including reason amendments to the HRA,

3940
03:45:53,883 --> 03:45:56,463
the legislature has added the state wide policy

3941
03:45:56,463 --> 03:45:59,373
that public agencies are required to afford the fullest

3942
03:45:59,373 --> 03:46:01,803
possible way to the interest, approval

3943
03:46:01,803 --> 03:46:03,268
and provision of housing.

3944
03:46:03,268 --> 03:46:04,893
They've also added a statement in there

3945
03:46:04,893 --> 03:46:06,693
that the circumstances that give rise

3946
03:46:06,693 --> 03:46:08,793
to a specific adverse impact quote,

3947
03:46:08,793 --> 03:46:12,633
arise infrequent, where the legislature knows what they're

3948
03:46:12,633 --> 03:46:16,323
doing, they're aware of the broader universe in California

3949
03:46:16,323 --> 03:46:17,750
and other events that happen.

3950
03:46:17,750 --> 03:46:19,443
They are still putting a heavy hand

3951
03:46:19,443 --> 03:46:22,530
on the scale in favor of housing.

3952
03:46:22,530 --> 03:46:23,763
The HRA also establishes, and this

3953
03:46:23,763 --> 03:46:25,893
has been interpreted in various cases

3954
03:46:25,893 --> 03:46:29,853
the only basis to say no to a housing development project.

3955
03:46:29,853 --> 03:46:31,473
The only way to do it is by making

3956
03:46:31,473 --> 03:46:33,943
the specific adverse impact findings.

3957
03:46:33,943 --> 03:46:36,806
Those findings cannot be made here and they cannot be made

3958
03:46:36,806 --> 03:46:39,148
with the passage of any amount of time.

3959
03:46:39,148 --> 03:46:42,270
The city attorney, I believe made that clear at the Planning

3960
03:46:42,270 --> 03:46:44,352
Commission meeting, and you're welcome to ask

3961
03:46:44,352 --> 03:46:47,403
him to agree with me or not on that on that tonight.

3962
03:46:47,403 --> 03:46:51,621
But there is no dot in order to make a specific adverse impact

3963
03:46:51,621 --> 03:46:53,913
finding, there has to have been a written document that

3964
03:46:53,913 --> 03:46:57,153
was in effect as of the date the project application was deemed

3965
03:46:57,153 --> 03:47:00,330
complete, against which when you look at the project,

3966
03:47:00,330 --> 03:47:02,343
he would conclude it would have a significant, direct,

3967
03:47:02,343 --> 03:47:04,218
quantifiable and unavoidable impact.

3968
03:47:04,218 --> 03:47:06,930
And it has to be supported by a preponderance

3969
03:47:06,930 --> 03:47:08,583
of the evidence in the record, not substantial evidence.

3970
03:47:08,583 --> 03:47:10,253
It's a higher standard.

3971
03:47:10,253 --> 03:47:12,175
There is no document here.

3972
03:47:12,175 --> 03:47:14,133
There was no document in effect as of the date.

3973
03:47:14,133 --> 03:47:15,843
This application is incomplete There

3974
03:47:15,843 --> 03:47:19,473
isn't one today against which those findings can be made.

3975
03:47:19,473 --> 03:47:22,863
But the simple fact is this project cannot be disapproved.

3976
03:47:22,863 --> 03:47:25,626
The findings can't be made, and I will also

3977
03:47:25,626 --> 03:47:28,443
note that you've heard a couple of times the mentioned

3978
03:47:28,443 --> 03:47:30,133
that this project sets a precedent

3979
03:47:30,133 --> 03:47:32,386
or would set a precedent for you.

3980
03:47:32,386 --> 03:47:35,516
There is no such thing as land use precedent in California

3981
03:47:35,516 --> 03:47:37,591
or anywhere else in this country,

3982
03:47:37,591 --> 03:47:39,667
there's there's no case establishing that when

3983
03:47:39,667 --> 03:47:43,950
a public agency takes an action on a given development project.

3984
03:47:43,950 --> 03:47:45,409
It must take that action on every other project.

3985
03:47:45,409 --> 03:47:47,280
Every project stands on its own.

3986
03:47:47,280 --> 03:47:48,416
We stand on our own.

3987
03:47:48,416 --> 03:47:51,192
We've worked very hard to make this a great project to address

3988
03:47:51,192 --> 03:47:52,817
everything that we can possibly address

3989
03:47:52,817 --> 03:47:55,848
to make it a good project for the community

3990
03:47:55,848 --> 03:47:58,530
And we have met every requirement.

3991
03:47:58,530 --> 03:48:01,203
And I do respectfully ask that you grant our appeal

3992
03:48:01,203 --> 03:48:04,503
and allow this project to proceed.

3993
03:48:04,503 --> 03:48:05,103
Thank you.

3994
03:48:05,103 --> 03:48:07,103
Thank you.

3995
03:48:07,653 --> 03:48:09,582
You got another minute?

3996
03:48:09,582 --> 03:48:11,430
Anything you want to build?

3997
03:48:11,430 --> 03:48:16,293
Anybody want to say Only if there's any questions.

3998
03:48:16,293 --> 03:48:19,893
Does the council have any questions?

3999
03:48:22,530 --> 03:48:23,553
No, thank you.

4000
03:48:23,553 --> 03:48:25,553
Okay.

4001
03:48:27,430 --> 03:48:27,543
All right.

4002
03:48:27,543 --> 03:48:29,253
Council, Do we have questions of staff?

4003
03:48:29,253 --> 03:48:31,128
I know a bunch of questions have been raised,

4004
03:48:31,128 --> 03:48:33,840
and I think we probably want to ask them.

4005
03:48:33,840 --> 03:48:36,831
Shall we do it now and take a break after we're

4006
03:48:36,831 --> 03:48:39,215
done with that, the okay.

4007
03:48:39,215 --> 03:48:40,237
All right.

4008
03:48:40,237 --> 03:48:42,281
Let's go for a break.

4009
03:48:42,281 --> 03:48:45,881
But okay Yeah and go ahead.

4010
03:48:46,353 --> 03:48:50,973
I just want to thank everyone for speaking out tonight.

4011
03:48:50,973 --> 03:48:53,913
I do have a question.

4012
03:48:53,913 --> 03:48:58,113
This is probably for our legal counsel.

4013
03:48:58,533 --> 03:49:02,253
Does the city have any legal basis

4014
03:49:02,253 --> 03:49:05,433
to deny this project under the builder's remedies

4015
03:49:05,433 --> 03:49:07,833
provisions of the HRA?

4016
03:49:07,833 --> 03:49:12,330
Specifically, is there any objective written health

4017
03:49:12,723 --> 03:49:15,963
or safety standard that this project fails

4018
03:49:15,963 --> 03:49:22,653
to meet that would provide us a lawful basis for denial There

4019
03:49:22,653 --> 03:49:26,493
is not any objective health and safety standard that meets

4020
03:49:26,493 --> 03:49:28,443
the requirements of the builder's remedy

4021
03:49:28,443 --> 03:49:30,543
that this project isn't consistent with.

4022
03:49:30,543 --> 03:49:35,649
So there's no standard that could form the basis of a denial

4023
03:49:35,649 --> 03:49:40,179
under the builder's remedy provisions of the HRA.

4024
03:49:40,179 --> 03:49:43,413
OK Can I just ask for a few more?

4025
03:49:43,413 --> 03:49:47,613
Yep So people talk about, you know,

4026
03:49:55,344 --> 03:49:59,470
very concerned about the significance and audible wealth

4027
03:49:59,470 --> 03:50:06,700
of all wildfire impact Any new development in this high fire

4028
03:50:08,493 --> 03:50:14,493
hazard hillside area would not result in a second effect.

4029
03:50:14,823 --> 03:50:17,823
And avoidable wildfire evacuation impact.

4030
03:50:18,663 --> 03:50:20,523
I can't answer that question.

4031
03:50:20,523 --> 03:50:26,523
Generally I'm not a person who does evacuation impact analysis.

4032
03:50:26,673 --> 03:50:30,360
So that's not in my expertise and more.

4033
03:50:30,360 --> 03:50:33,994
So I can't answer questions about other projects.

4034
03:50:33,994 --> 03:50:38,435
We know how the impact analysis worked for this project.

4035
03:50:38,435 --> 03:50:42,635
We haven't seen the analysis or review

4036
03:50:42,993 --> 03:50:46,623
of any other project in the very high severity fire zone.

4037
03:50:46,623 --> 03:50:50,643
So let's say if just the nine units, if they were going

4038
03:50:50,643 --> 03:50:52,383
to be just nine units, would there

4039
03:50:52,383 --> 03:50:57,183
still create the significant and laudable wildfire impact?

4040
03:50:58,713 --> 03:51:02,313
Again we haven't done that analysis.

4041
03:51:02,908 --> 03:51:03,783
I think that's right.

4042
03:51:03,783 --> 03:51:05,493
Did we do the analysis?

4043
03:51:05,493 --> 03:51:06,783
No, we haven't done this.

4044
03:51:06,783 --> 03:51:10,443
We had one alternative in the air

4045
03:51:10,443 --> 03:51:13,653
that included the a nine unit version of the project.

4046
03:51:13,653 --> 03:51:18,463
We didn't do the quantitative analysis of evacuation time.

4047
03:51:18,463 --> 03:51:18,963
Six.

4048
03:51:18,963 --> 03:51:21,363
It doesn't require us to analyze the alternative

4049
03:51:21,363 --> 03:51:23,433
at that level of detail.

4050
03:51:23,433 --> 03:51:26,538
So I don't know that answer for certain.

4051
03:51:26,538 --> 03:51:29,298
What I can say is that the standard

4052
03:51:29,298 --> 03:51:33,383
of significance that we used in the air

4053
03:51:33,383 --> 03:51:35,383
was extremely conservative.

4054
03:51:35,823 --> 03:51:39,423
And we determined that any addition

4055
03:51:39,483 --> 03:51:44,973
to evacuation time of any size would be a significant impact.

4056
03:51:44,973 --> 03:51:48,843
So I can't run the numbers on a nine unit project,

4057
03:51:48,843 --> 03:51:52,821
but we do know that if it added anything to evacuation time,

4058
03:51:52,821 --> 03:51:55,625
then it would be considered significant under the standards

4059
03:51:55,625 --> 03:52:01,473
we used in this year So you're saying just adding a 80,

4060
03:52:01,473 --> 03:52:04,803
you were will create that kind of impact?

4061
03:52:04,803 --> 03:52:06,633
I don't know the answer to that.

4062
03:52:06,633 --> 03:52:09,393
That's a that is a matter of analysis that we haven't done.

4063
03:52:09,393 --> 03:52:11,393
Okay.

4064
03:52:11,685 --> 03:52:14,463
Can you I mean, someone just mentioned about the Santa

4065
03:52:14,463 --> 03:52:15,367
Barbara lawsuit.

4066
03:52:15,367 --> 03:52:16,383
Can you comment on that?

4067
03:52:16,383 --> 03:52:21,723
Do we know what the result or any lawsuit?

4068
03:52:21,723 --> 03:52:25,263
I don't know specific what what that commenter

4069
03:52:25,263 --> 03:52:26,130
was talking about.

4070
03:52:26,130 --> 03:52:29,884
I do know that there was a controversial project approved

4071
03:52:29,884 --> 03:52:35,180
in Santa Barbara hillside in in a similar fire zone that

4072
03:52:35,180 --> 03:52:37,587
eventually was subject to legislation

4073
03:52:37,587 --> 03:52:42,930
and that I believe exempted it from the builder's remedy

4074
03:52:42,930 --> 03:52:46,623
or at least allowed consideration of fire impact

4075
03:52:46,623 --> 03:52:51,693
within the builders remedy that that was a specific statute that

4076
03:52:51,693 --> 03:52:55,833
was adopted by the legislature or not directly aimed

4077
03:52:55,833 --> 03:52:56,673
at this project.

4078
03:52:56,673 --> 03:53:02,730
But that covered this project and was inspired by it.

4079
03:53:02,730 --> 03:53:05,673
So that's how that's how Richard may have a little bit

4080
03:53:05,673 --> 03:53:09,878
more detail Let's talk about the this law

4081
03:53:09,878 --> 03:53:12,643
received a fair amount of press.

4082
03:53:12,643 --> 03:53:16,198
The I believe it was the Senate president pro

4083
03:53:16,198 --> 03:53:23,398
tem used her power to get this law through and it exempted.

4084
03:53:23,463 --> 03:53:27,304
It was a law that said for projects in counties,

4085
03:53:27,304 --> 03:53:30,613
in cities and counties with a population bigger than this.

4086
03:53:30,613 --> 03:53:32,118
And smaller than this.

4087
03:53:32,118 --> 03:53:35,126
And it turned out that the only place that applied

4088
03:53:35,126 --> 03:53:39,273
was for this project near the Santa Barbara mission.

4089
03:53:39,273 --> 03:53:41,853
And the legislature did pass that law.

4090
03:53:41,853 --> 03:53:45,123
So there has been litigation about it.

4091
03:53:45,123 --> 03:53:50,793
I don't know where that all stands but we don't.

4092
03:53:50,793 --> 03:53:52,923
Your council has met with our legislators

4093
03:53:52,923 --> 03:53:54,573
on a number of occasions.

4094
03:53:54,573 --> 03:53:57,386
You've asked them to work with these laws

4095
03:53:57,386 --> 03:54:01,803
and you have been with even the most minor change.

4096
03:54:01,803 --> 03:54:05,150
At one point, you asked them when

4097
03:54:05,150 --> 03:54:09,292
allocating the arena to consider wildfire risk, you said,

4098
03:54:09,292 --> 03:54:11,111
We just want a bag.

4099
03:54:11,111 --> 03:54:13,537
When they're allocating arena to treat wildfire.

4100
03:54:13,537 --> 03:54:15,530
The same as flooding.

4101
03:54:15,530 --> 03:54:19,323
Was your proposal and your legislature of representatives

4102
03:54:19,323 --> 03:54:23,643
said no, we do not want to propose legislation

4103
03:54:23,643 --> 03:54:27,183
that would allow consideration of fire risk

4104
03:54:27,183 --> 03:54:29,183
in allocating arena.

4105
03:54:29,193 --> 03:54:33,123
So give me you've made the effort.

4106
03:54:33,123 --> 03:54:34,263
That's where it's been.

4107
03:54:34,263 --> 03:54:38,133
And that's where it stands And I note

4108
03:54:38,133 --> 03:54:43,533
that the fact that they require hired legislation to,

4109
03:54:44,433 --> 03:54:47,493
uh, to get out of the builders remedies

4110
03:54:47,493 --> 03:54:49,263
suggests that without that legislation,

4111
03:54:49,263 --> 03:54:52,113
they would have been subject to the builders remedy in precisely

4112
03:54:52,113 --> 03:54:55,863
the way this project is asking us.

4113
03:54:55,863 --> 03:54:58,350
Maybe One last one.

4114
03:54:58,350 --> 03:55:00,888
What would be the legal consequence

4115
03:55:00,888 --> 03:55:06,288
is if the City Council denies this project tonight?

4116
03:55:07,143 --> 03:55:11,193
that's more up to the applicant than to me.

4117
03:55:11,193 --> 03:55:15,993
But I think that a lawsuit is likely

4118
03:55:16,807 --> 03:55:23,124
and I have stated what I believe the law tells us we need to do.

4119
03:55:23,124 --> 03:55:28,173
And that that position would be the subject of that lawsuit,

4120
03:55:28,173 --> 03:55:31,443
telling the court that we did not do what the law tells,

4121
03:55:31,443 --> 03:55:33,423
tells us to do.

4122
03:55:33,423 --> 03:55:36,483
I think in addition to that, there

4123
03:55:36,483 --> 03:55:39,500
would be additional scrutiny from HCD

4124
03:55:39,500 --> 03:55:44,260
which pays some attention to what we're doing in Saratoga.

4125
03:55:44,260 --> 03:55:48,543
I think they would be paying closer attention to what

4126
03:55:48,543 --> 03:55:51,543
we'd be doing in Saratoga.

4127
03:55:51,543 --> 03:55:54,300
There's possibility of lawsuits from other groups

4128
03:55:54,300 --> 03:55:55,923
housing rights groups have the right

4129
03:55:55,923 --> 03:56:00,573
to bring a lawsuit similar to the applicants

4130
03:56:00,573 --> 03:56:06,753
and all of those lawsuits would be likely to, if successful

4131
03:56:06,753 --> 03:56:09,933
to include attorney's fees awards in which the city would

4132
03:56:09,933 --> 03:56:13,143
end up paying for those fees.

4133
03:56:13,143 --> 03:56:14,523
Thank you.

4134
03:56:14,523 --> 03:56:15,630
Okay.

4135
03:56:15,630 --> 03:56:19,893
Anybody else you know I have a few questions.

4136
03:56:19,893 --> 03:56:23,763
I was jotting down as residents were raising them,

4137
03:56:23,763 --> 03:56:26,733
but I'm going to follow up with where Gabe,

4138
03:56:26,733 --> 03:56:30,603
you were responding to on the questions for Gabe and Richard.

4139
03:56:30,603 --> 03:56:37,803
Whoever wants to answer, I think i heard what the answer is.

4140
03:56:39,910 --> 03:56:42,947
But I would ask you a very specific.

4141
03:56:42,947 --> 03:56:48,363
Holly, can Saratoga I use the existing evac coersion capacity

4142
03:56:48,363 --> 03:56:51,194
problem as outlined in the fair in periods

4143
03:56:51,194 --> 03:56:55,394
report that exists on Pier road currently

4144
03:56:56,823 --> 03:57:02,223
as the basis for denying misogynistic rates when given

4145
03:57:03,153 --> 03:57:08,583
what I heard from Bill hershman was on the state's project

4146
03:57:08,583 --> 03:57:12,183
applicant that that project specific evaluation

4147
03:57:12,813 --> 03:57:18,804
analysis shows either point four or point nine, depending on you

4148
03:57:18,804 --> 03:57:22,490
include or not include marked in mind 3.4.

4149
03:57:22,490 --> 03:57:26,849
9 minute increase in evacuation time We cannot not

4150
03:57:28,830 --> 03:57:30,843
because of the size of the impact or anything,

4151
03:57:30,843 --> 03:57:36,573
but because we do not the city does not have a specific written

4152
03:57:36,573 --> 03:57:41,223
standard that the project is inconsistent with concerning

4153
03:57:41,223 --> 03:57:47,213
that evacuation time, there's no rule that we have that says this

4154
03:57:47,213 --> 03:57:52,317
amount of evacuation time is too much or something of that sort.

4155
03:57:52,317 --> 03:57:57,717
I see What about I, I think no, thank

4156
03:57:59,823 --> 03:58:02,163
you so much to each one of you who has.

4157
03:58:02,163 --> 03:58:03,663
I'm talking about the residents who

4158
03:58:03,663 --> 03:58:08,730
have come here today and spoken and expressed your concerns.

4159
03:58:08,730 --> 03:58:12,213
I think Maynard's brought up the point about the safety element.

4160
03:58:12,213 --> 03:58:16,413
You're coating things So I know, Gabe,

4161
03:58:16,962 --> 03:58:19,912
you have recently once again, read

4162
03:58:19,912 --> 03:58:23,283
the safety element is the one that management

4163
03:58:23,283 --> 03:58:25,503
action or anything else you have seen

4164
03:58:25,503 --> 03:58:29,703
that could be considered an objective standard.

4165
03:58:30,630 --> 03:58:34,383
Well, when I reread the safety element, um, the standards

4166
03:58:34,383 --> 03:58:36,603
or the policies of the safety element

4167
03:58:36,603 --> 03:58:42,522
are not the sort of objectives, standards that would create

4168
03:58:42,522 --> 03:58:45,843
a health and safety standard that we could use

4169
03:58:45,843 --> 03:58:48,663
to deny the project under the Housing Accountability

4170
03:58:48,663 --> 03:58:53,245
Act, the standard that the Speaker mentioned, if I recall,

4171
03:58:53,245 --> 03:58:57,753
you said that there has to be an effect of evacuation plan

4172
03:58:57,753 --> 03:59:01,230
effective is not an objective standard.

4173
03:59:01,230 --> 03:59:03,333
It requires the application of judgment

4174
03:59:03,333 --> 03:59:06,435
and that under the under the law's definition

4175
03:59:06,435 --> 03:59:08,645
is not an objective standard.

4176
03:59:08,645 --> 03:59:11,224
That would be something very specific,

4177
03:59:11,224 --> 03:59:14,583
quantifiable, that would that we can quantification

4178
03:59:14,583 --> 03:59:18,183
is the easiest route to being an objective standard.

4179
03:59:18,183 --> 03:59:21,423
There might be other ways to do it.

4180
03:59:21,423 --> 03:59:24,753
The word effective is not okay and we don't

4181
03:59:24,753 --> 03:59:26,231
have anything like that today.

4182
03:59:26,231 --> 03:59:29,163
Do not there has been a question brought up

4183
03:59:29,163 --> 03:59:34,990
by multiple residents based on the response from County Fire

4184
03:59:34,990 --> 03:59:40,948
folks that exceptions have been made for either the 30 foot

4185
03:59:40,948 --> 03:59:43,348
setback or the grade.

4186
03:59:44,287 --> 03:59:47,817
The slope around the access ways to get around

4187
03:59:47,817 --> 03:59:49,779
tollgate area or something.

4188
03:59:49,779 --> 03:59:50,955
I mean.

4189
03:59:50,955 --> 03:59:55,833
Which is not abutting this, but both those two exceptions

4190
03:59:55,833 --> 04:00:00,633
to in the process of assessing this project,

4191
04:00:00,873 --> 04:00:02,253
what's your comment on that?

4192
04:00:02,253 --> 04:00:09,123
Is that how can we the council say those exceptions are okay,

4193
04:00:09,123 --> 04:00:10,593
help us walk through that.

4194
04:00:10,593 --> 04:00:13,353
Those exceptions are allowed under law

4195
04:00:13,353 --> 04:00:15,693
and are given to the county fire department

4196
04:00:15,693 --> 04:00:19,503
to determine whether making the exception is warranted.

4197
04:00:19,503 --> 04:00:22,893
And they have made that determination in those two cases

4198
04:00:22,893 --> 04:00:25,510
that the exception is warranted.

4199
04:00:25,510 --> 04:00:29,946
So the project is consistent with those fire standards.

4200
04:00:29,946 --> 04:00:33,546
The standards include the exception process

4201
04:00:33,733 --> 04:00:35,134
They've got the exceptions.

4202
04:00:35,134 --> 04:00:37,970
So they're consistent with the standard.

4203
04:00:37,970 --> 04:00:38,218
So they don't.

4204
04:00:38,218 --> 04:00:41,301
So those standards, then don't form a basis of denial

4205
04:00:41,301 --> 04:00:44,464
because the project meets them subject to the exception.

4206
04:00:44,464 --> 04:00:47,867
So we have the County Fire approval, correct based

4207
04:00:47,867 --> 04:00:49,909
on those exceptions, Correct.

4208
04:00:49,909 --> 04:00:53,652
So as far as read, the city are concerned,

4209
04:00:53,652 --> 04:00:55,406
we have that approval.

4210
04:00:55,406 --> 04:00:58,985
So we are not the ones making that exception.

4211
04:00:58,985 --> 04:00:59,700
Exactly.

4212
04:00:59,700 --> 04:01:03,279
If a resident feels strongly, then that response ability

4213
04:01:03,279 --> 04:01:05,730
lies with county fire.

4214
04:01:05,730 --> 04:01:05,893
Correct?

4215
04:01:05,893 --> 04:01:06,393
Yes.

4216
04:01:06,393 --> 04:01:08,393
Okay.

4217
04:01:11,613 --> 04:01:13,886
Bill mentioned non buildable easement

4218
04:01:13,886 --> 04:01:18,248
and I believe he also mentioned it was a couple of hours ago.

4219
04:01:18,248 --> 04:01:22,299
I think he said, you can't go and build an Adu.

4220
04:01:22,299 --> 04:01:23,883
How valid would that be?

4221
04:01:23,883 --> 04:01:25,353
It's a non buildable easement.

4222
04:01:25,353 --> 04:01:28,803
Again, talking off the 30 foot setback between our distance

4223
04:01:28,803 --> 04:01:30,803
between structures.

4224
04:01:30,873 --> 04:01:33,873
Is that a legal position?

4225
04:01:34,113 --> 04:01:36,903
Because in my time ten years planning commission,

4226
04:01:36,903 --> 04:01:40,443
six years on council, I've lost track of how many times

4227
04:01:40,443 --> 04:01:46,443
the state has mandated reducing the setbacks for addus non

4228
04:01:49,113 --> 04:01:50,823
buildable easement.

4229
04:01:50,823 --> 04:01:56,223
Yes I think that is an easement, as is

4230
04:01:59,193 --> 04:02:03,758
a limitation on property rights and any roads

4231
04:02:03,758 --> 04:02:05,346
duction and setbacks probably.

4232
04:02:05,346 --> 04:02:07,886
I'm getting a little ahead of myself.

4233
04:02:07,886 --> 04:02:10,109
We need to do the analysis.

4234
04:02:10,109 --> 04:02:15,153
But I think that the easement would would still not

4235
04:02:15,153 --> 04:02:18,753
be buildable regardless of setback requirements.

4236
04:02:19,774 --> 04:02:25,174
Richard gave us much more familiar with the details.

4237
04:02:26,200 --> 04:02:28,909
But I think we do have you know, we

4238
04:02:28,909 --> 04:02:30,805
will work to make sure the document

4239
04:02:30,805 --> 04:02:32,701
to do everything we can do.

4240
04:02:32,701 --> 04:02:35,299
So that the they operate as intended.

4241
04:02:35,299 --> 04:02:39,754
But as has been, as you noted in your initial question,

4242
04:02:39,754 --> 04:02:41,467
when the state legislature decides

4243
04:02:41,467 --> 04:02:46,230
to say that general plans, which when I went to law school,

4244
04:02:46,230 --> 04:02:48,903
were called the Constitution of Development,

4245
04:02:48,903 --> 04:02:52,743
when they say that the Constitution doesn't apply,

4246
04:02:52,743 --> 04:02:54,633
I can't say that the legislature won't pass

4247
04:02:54,633 --> 04:02:56,823
a law that says a restriction.

4248
04:02:56,823 --> 04:02:59,103
We've we have prepared in connection

4249
04:02:59,103 --> 04:03:00,573
with the plan might apply.

4250
04:03:00,573 --> 04:03:02,553
But I can't say that we will work

4251
04:03:02,553 --> 04:03:07,233
to make these documents do what they intended under the law.

4252
04:03:07,233 --> 04:03:09,633
As it stands today.

4253
04:03:09,663 --> 04:03:11,433
Thank you.

4254
04:03:11,433 --> 04:03:14,224
One clarify question for members of the public.

4255
04:03:14,224 --> 04:03:17,913
They talked about, I think couple of persons

4256
04:03:17,913 --> 04:03:20,493
spoke about the affordable requirements.

4257
04:03:20,493 --> 04:03:22,593
I think Sophia raised that issue for us.

4258
04:03:22,593 --> 04:03:27,484
Sophia, call how do you mandate how do you ensure that stays?

4259
04:03:27,484 --> 04:03:29,643
And can you just quickly into a sentence

4260
04:03:29,643 --> 04:03:33,243
as explained that how that is taken care

4261
04:03:33,243 --> 04:03:37,413
of in two sentences at when the final map for this project

4262
04:03:37,413 --> 04:03:43,683
comes back, we will include as part of the final map package

4263
04:03:43,683 --> 04:03:49,830
agreements, covenants that apply to those the lots where

4264
04:03:49,683 --> 04:03:54,903
the affordable housing units are that require for that they meet

4265
04:03:54,903 --> 04:03:59,883
the affordability standards and that stays with the land.

4266
04:03:59,883 --> 04:04:00,543
Correct?

4267
04:04:00,543 --> 04:04:02,913
That stays with the land If there's

4268
04:04:02,913 --> 04:04:06,663
a term that the length of that covenant, the years

4269
04:04:06,663 --> 04:04:09,753
of that covenant is set in the builders remedy law

4270
04:04:09,753 --> 04:04:13,463
and it will be there will stay with the land for that term

4271
04:04:13,463 --> 04:04:13,963
Okay.

4272
04:04:13,963 --> 04:04:14,937
And there's nothing.

4273
04:04:14,937 --> 04:04:15,912
I know that.

4274
04:04:15,912 --> 04:04:18,834
I'm just I know Sophia is still here and somebody else.

4275
04:04:18,834 --> 04:04:20,300
There is that issue.

4276
04:04:20,300 --> 04:04:22,503
So the answer is it becomes enforceable through an agreement

4277
04:04:22,503 --> 04:04:27,885
that we apply to the land at at the time of the final approval.

4278
04:04:27,885 --> 04:04:28,603
OK.

4279
04:04:28,603 --> 04:04:29,679
Thank you.

4280
04:04:29,679 --> 04:04:32,313
And I hopefully the last question

4281
04:04:32,313 --> 04:04:34,983
There may be one more multiple people

4282
04:04:34,983 --> 04:04:39,993
have brought up the slippery slope, the cumulative Builders

4283
04:04:39,993 --> 04:04:43,983
Remedy project and Development in the Hills.

4284
04:04:43,983 --> 04:04:46,243
Can you just walk us through that yet?

4285
04:04:46,243 --> 04:04:46,743
Okay.

4286
04:04:46,743 --> 04:04:49,323
What is it in front of us tonight?

4287
04:04:49,323 --> 04:04:51,663
This project is in front of you tonight.

4288
04:04:51,663 --> 04:04:55,424
This is the only project that you're deciding on.

4289
04:04:55,424 --> 04:04:58,886
And this is the project that the legal requirements

4290
04:04:58,886 --> 04:05:04,530
of the HOA that we've discussed apply to this project in that we

4291
04:05:04,530 --> 04:05:07,863
don't have a ground to deny this project to the extent

4292
04:05:07,863 --> 04:05:11,343
that there is no precedent, there

4293
04:05:11,343 --> 04:05:15,363
is no ongoing effect of this approval on the next approval

4294
04:05:15,363 --> 04:05:16,623
or the one after that.

4295
04:05:16,623 --> 04:05:20,943
The state law will still apply to those,

4296
04:05:20,943 --> 04:05:23,943
but we're deciding on this one.

4297
04:05:23,943 --> 04:05:28,143
Can I take into my considering action?

4298
04:05:28,233 --> 04:05:32,730
Is it appropriate for me to take into my consideration

4299
04:05:32,730 --> 04:05:35,673
that there are more builders remedy projects in the hillsides

4300
04:05:35,673 --> 04:05:40,413
and that cumulative impact that should be considered

4301
04:05:40,413 --> 04:05:44,613
in my argument The Housing Accountability Act

4302
04:05:46,863 --> 04:05:50,703
does not include that consideration as one

4303
04:05:50,703 --> 04:05:56,103
of the reasons we're allowed to deny this project.

4304
04:05:56,673 --> 04:05:58,443
Okay.

4305
04:05:58,443 --> 04:05:59,613
Thank you, Richard.

4306
04:05:59,613 --> 04:06:01,833
Is there any other high level question

4307
04:06:01,833 --> 04:06:07,533
that residents may have asked that we have not yet covered?

4308
04:06:07,533 --> 04:06:11,520
I just wanted to say that if I missed something or one of us

4309
04:06:11,520 --> 04:06:15,333
missed something, I know Yarn asked quite a few questions.

4310
04:06:15,333 --> 04:06:19,983
No, I mean, I think the you know, this is a very, you know,

4311
04:06:19,983 --> 04:06:23,343
troubling set of laws that we have to operate under

4312
04:06:23,343 --> 04:06:26,793
But I think Dave has outlined that law.

4313
04:06:26,793 --> 04:06:27,333
Thank you.

4314
04:06:27,333 --> 04:06:28,830
Thank you so much.

4315
04:06:28,830 --> 04:06:28,413
Thank you.

4316
04:06:28,413 --> 04:06:28,923
Mayor.

4317
04:06:28,923 --> 04:06:33,123
Thanks for creating I have one question.

4318
04:06:34,593 --> 04:06:38,883
I just want to go back to the evacuation time

4319
04:06:38,883 --> 04:06:40,323
and the objective standard.

4320
04:06:40,323 --> 04:06:43,713
And you said that effective is not objective.

4321
04:06:43,713 --> 04:06:46,113
I completely understand that.

4322
04:06:46,566 --> 04:06:50,763
Does any city have a standard like this that, you know,

4323
04:06:50,763 --> 04:06:51,843
not that I know of.

4324
04:06:51,843 --> 04:06:53,733
We have done some preliminary work

4325
04:06:53,733 --> 04:06:57,453
to look at that and not found an evacuation time

4326
04:06:57,453 --> 04:06:59,453
standard in California.

4327
04:07:00,263 --> 04:07:01,455
Hmm.

4328
04:07:01,455 --> 04:07:08,136
That's i am I mean, I don't know where it would go anyway.

4329
04:07:08,136 --> 04:07:11,796
It's like, well, hey, tens is okay with 20 is not good.

4330
04:07:11,796 --> 04:07:14,823
I don't want anybody to get stuck.

4331
04:07:14,823 --> 04:07:17,673
No, there isn't anyone else.

4332
04:07:17,673 --> 04:07:21,843
And then I guess I do have one question for the appellant We

4333
04:07:21,843 --> 04:07:25,623
heard a speaker talk about they said that there was no brush

4334
04:07:25,623 --> 04:07:27,630
management or evacuation plan.

4335
04:07:27,630 --> 04:07:31,233
I could have sworn I heard something.

4336
04:07:31,233 --> 04:07:37,353
Bill the the HOA was going to manage vegetation and manage

4337
04:07:37,353 --> 04:07:38,163
brush.

4338
04:07:38,163 --> 04:07:41,913
I'm sorry, I so one of the speakers

4339
04:07:41,913 --> 04:07:43,863
said that they didn't hear that there

4340
04:07:43,863 --> 04:07:48,483
was any plan to manage brush or have an evacuation plan.

4341
04:07:48,483 --> 04:07:50,883
I could have sworn I heard that the HOA was going

4342
04:07:50,883 --> 04:07:52,503
to do some things to keep it.

4343
04:07:52,503 --> 04:07:53,543
A Firewise community.

4344
04:07:53,543 --> 04:07:55,103
I heard two different things.

4345
04:07:55,103 --> 04:07:56,663
One, because the project.

4346
04:07:56,663 --> 04:07:59,263
But I heard someone else say that we had never

4347
04:07:59,263 --> 04:08:03,933
had a plan at the mountain winery for the last ten years.

4348
04:08:03,933 --> 04:08:05,223
Maybe you could elaborate.

4349
04:08:05,223 --> 04:08:08,463
So to answer the first one, Carol Sir,

4350
04:08:08,463 --> 04:08:11,730
which is one of the reasons we met her, because we

4351
04:08:11,730 --> 04:08:14,673
were had a plan for 15 years.

4352
04:08:14,823 --> 04:08:16,743
Yes, 15 years.

4353
04:08:16,743 --> 04:08:20,493
We were one of the first people to do a fire clearing

4354
04:08:20,493 --> 04:08:23,355
area, to do a at the winery.

4355
04:08:23,355 --> 04:08:25,637
They of the fire safety Council came to us.

4356
04:08:25,637 --> 04:08:27,918
And we were one of the first experimental groups.

4357
04:08:27,918 --> 04:08:30,593
We have our own fire system at the mountain wineries

4358
04:08:30,593 --> 04:08:34,130
so I kind of take pride in the fact

4359
04:08:34,130 --> 04:08:37,813
that we manage that property very, very well.

4360
04:08:37,813 --> 04:08:42,373
So there is a plan to respond to your second question,

4361
04:08:42,373 --> 04:08:45,731
there's there will be conditions imposed

4362
04:08:45,731 --> 04:08:51,930
through this process that will require us to build

4363
04:08:51,930 --> 04:08:54,633
within our 16 hours As as a city attorney has pointed out,

4364
04:08:54,633 --> 04:08:57,603
it will be reviewed the whole set of 16 hours

4365
04:08:57,603 --> 04:09:00,300
will be reviewed before the map is filed,

4366
04:09:00,300 --> 04:09:02,403
which includes the responsibility

4367
04:09:02,493 --> 04:09:05,373
to maintain in the future all these various.

4368
04:09:05,373 --> 04:09:09,603
So it will be it'll be police based through the HOA,

4369
04:09:09,603 --> 04:09:12,603
but there's also a requirement.

4370
04:09:12,953 --> 04:09:15,817
It's not a direct analogy, but it's

4371
04:09:15,817 --> 04:09:17,965
sort of like weed abatement.

4372
04:09:17,965 --> 04:09:22,411
We're going to be required to have a third party in spec that

4373
04:09:22,411 --> 04:09:25,715
on a regular basis to make sure that we're the HOA is here

4374
04:09:25,715 --> 04:09:26,732
in those standards.

4375
04:09:26,732 --> 04:09:27,240
OK.

4376
04:09:27,240 --> 04:09:27,748
Yeah.

4377
04:09:27,748 --> 04:09:29,782
If you're doing the gold standard for correct

4378
04:09:29,782 --> 04:09:30,798
test and correct.

4379
04:09:30,798 --> 04:09:33,525
OK I thought that I heard that.

4380
04:09:33,525 --> 04:09:35,901
And I just want to clear it up.

4381
04:09:35,901 --> 04:09:36,693
Thank you.

4382
04:09:36,693 --> 04:09:37,221
Thanks.

4383
04:09:37,221 --> 04:09:37,749
Okay.

4384
04:09:37,749 --> 04:09:39,333
No more no other questions.

4385
04:09:39,333 --> 04:09:43,830
OK, then we'll close the the conversation here

4386
04:09:43,830 --> 04:09:47,853
and bring it back to council after we have a well,

4387
04:09:47,853 --> 04:09:49,970
keep going.

4388
04:09:49,970 --> 04:09:53,343
Oh, we at least a couple people need to have a little break.

4389
04:09:53,343 --> 04:09:55,773
So we'll take seven minutes.

4390
04:09:55,773 --> 04:09:57,773
Please.

4391
04:09:59,130 --> 04:10:03,213
Oh oh I guess how you guys.

4392
04:15:55,839 --> 04:16:04,839
I don't know what they wanted me to I want to turn over and have

4393
04:16:10,507 --> 04:16:17,107
everybody, you know, one way or another can also be myself.

4394
04:16:23,133 --> 04:16:25,133
The real.

4395
04:16:27,753 --> 04:16:32,983
All right Thank you for coming back in promptly.

4396
04:16:32,983 --> 04:16:33,483
Okay.

4397
04:16:33,483 --> 04:16:38,523
So with we're bringing this back to council for your comments

4398
04:16:38,523 --> 04:16:44,523
and whatever else occurs, do we have a volunteer Yes.

4399
04:16:52,503 --> 04:16:54,503
Cookie, thank you.

4400
04:16:55,593 --> 04:16:57,963
Thank you to staff and to everyone who came out tonight

4401
04:16:57,963 --> 04:17:01,983
to have their voices heard for approving this project is

4402
04:17:01,983 --> 04:17:04,923
required under the builders remedy provisions of the housing

4403
04:17:04,923 --> 04:17:06,873
Accountability Act.

4404
04:17:06,873 --> 04:17:09,903
In considering the project the specific benefits

4405
04:17:09,903 --> 04:17:13,713
outweigh the risks of its potential adverse impacts.

4406
04:17:13,713 --> 04:17:17,493
There are real and meaningful benefits to this project

4407
04:17:17,493 --> 04:17:20,313
and a full list is included in the meeting documents.

4408
04:17:20,313 --> 04:17:25,683
For example, approval allows the city to comply with the law

4409
04:17:25,683 --> 04:17:28,953
and protects the city from potential liability associated

4410
04:17:28,953 --> 04:17:30,953
with noncompliance.

4411
04:17:31,230 --> 04:17:34,230
The project provides affordable housing,

4412
04:17:34,443 --> 04:17:36,633
helping provide much needed housing will

4413
04:17:36,633 --> 04:17:39,809
also helping the city meet its Rina obligations.

4414
04:17:39,809 --> 04:17:42,840
The project aligns with California's housing production

4415
04:17:42,840 --> 04:17:45,438
goals and the state's broader efforts

4416
04:17:45,438 --> 04:17:48,360
to increase the housing supply.

4417
04:17:48,360 --> 04:17:52,236
The project provides improvements to pierce Road.

4418
04:17:52,563 --> 04:17:56,130
Again, thank you to everyone who participated in this discussion

4419
04:17:56,130 --> 04:17:59,811
and shared their perspective for the reasons stated

4420
04:17:59,811 --> 04:18:03,770
My vote is to follow the law.

4421
04:18:03,770 --> 04:18:06,751
I support staff's recommendation to approve the project.

4422
04:18:06,751 --> 04:18:07,568
Thanks.

4423
04:18:07,568 --> 04:18:08,793
Thank you.

4424
04:18:08,793 --> 04:18:10,793
You.

4425
04:18:11,523 --> 04:18:16,923
Anybody else go to you know you want to?

4426
04:18:25,623 --> 04:18:26,883
Well, all right.

4427
04:18:26,883 --> 04:18:27,876
I'll jump ahead.

4428
04:18:27,876 --> 04:18:29,313
I'm not ready, but I'll go for it.

4429
04:18:29,313 --> 04:18:33,729
You know, um, a couple of perspectives on this

4430
04:18:33,729 --> 04:18:35,828
to Glen's point, we'll share.

4431
04:18:35,828 --> 04:18:38,553
How is up, but also give you a sense of a lot of my thinking

4432
04:18:38,553 --> 04:18:39,843
and approach to this.

4433
04:18:39,843 --> 04:18:44,733
Um, I am in agreement where, per the HOA,

4434
04:18:44,733 --> 04:18:46,871
we have to approve this, right?

4435
04:18:46,871 --> 04:18:49,319
That that is a consideration here Um,

4436
04:18:49,319 --> 04:18:51,506
and I do think by not follow the state law,

4437
04:18:51,506 --> 04:18:53,892
right, like we as a city, as a council,

4438
04:18:53,892 --> 04:18:55,681
are elected to, you know, help write

4439
04:18:55,681 --> 04:18:58,266
the town's ordinances for what we want to see and do here.

4440
04:18:58,266 --> 04:19:02,283
But we are also subject to the laws of the state of California,

4441
04:19:02,283 --> 04:19:04,953
which do supersede a lot of what we want to do here.

4442
04:19:04,953 --> 04:19:09,303
Um, I would say there have been any number of rules and laws

4443
04:19:09,303 --> 04:19:11,823
that have been passed in the last couple of years

4444
04:19:11,823 --> 04:19:14,553
that do challenge the rational mind on multiple levels.

4445
04:19:14,553 --> 04:19:15,153
Right.

4446
04:19:15,153 --> 04:19:17,434
Um, this is a project that I think we as a council,

4447
04:19:17,434 --> 04:19:20,703
as a city, even as well as several others

4448
04:19:20,703 --> 04:19:26,703
have, have been paying attention to just given the location,

4449
04:19:26,733 --> 04:19:31,383
given the the hazard zones from a fire safety perspective

4450
04:19:31,383 --> 04:19:32,471
and what that all means.

4451
04:19:32,471 --> 04:19:34,263
I'll give you a sense of some of the things

4452
04:19:34,263 --> 04:19:37,113
that do give me comfort and also some of the considerations

4453
04:19:37,113 --> 04:19:39,393
and how I'm thinking about this.

4454
04:19:39,393 --> 04:19:42,930
I do appreciate we have approval from county Fire.

4455
04:19:42,930 --> 04:19:44,163
They are the experts on this.

4456
04:19:44,163 --> 04:19:47,163
They do a tremendous amount of work on this

4457
04:19:47,163 --> 04:19:50,621
to make sure that anything that is built

4458
04:19:50,621 --> 04:19:54,687
does have the right amount of fire access and requisite water

4459
04:19:54,687 --> 04:19:58,140
resources to Put out any kind of fire.

4460
04:19:58,140 --> 04:20:01,876
Um, any time you're considering building in a very high fire

4461
04:20:01,876 --> 04:20:03,783
hazard, even a moderate zone, I think

4462
04:20:03,783 --> 04:20:06,273
you have to be take it very seriously.

4463
04:20:06,273 --> 04:20:09,380
Someone mentioned don't take the easy and convenient route

4464
04:20:09,380 --> 04:20:11,755
There is nothing easy and convenient about this right out

4465
04:20:11,755 --> 04:20:13,760
of the any of us.

4466
04:20:13,760 --> 04:20:13,957
Take this lightly.

4467
04:20:13,957 --> 04:20:16,159
Even if we are all voting in favor of it

4468
04:20:16,159 --> 04:20:19,462
or against it, whatever it is, I know each member of this council

4469
04:20:19,462 --> 04:20:21,843
takes what we do up here very seriously.

4470
04:20:21,843 --> 04:20:23,823
And the health and safety of that.

4471
04:20:23,823 --> 04:20:27,400
But part of that's also related to taking a look at the broader

4472
04:20:27,400 --> 04:20:27,783
legal picture.

4473
04:20:27,783 --> 04:20:30,693
And what the implications that has for us as a city.

4474
04:20:30,693 --> 04:20:32,463
If we choose to not follow the law,

4475
04:20:32,463 --> 04:20:35,430
there are financial implications that could actually

4476
04:20:35,430 --> 04:20:36,630
quite cripple us.

4477
04:20:36,630 --> 04:20:39,201
There are significant housing implications as well,

4478
04:20:39,201 --> 04:20:40,631
because we could potentially lose

4479
04:20:40,631 --> 04:20:43,492
more control, which is why we're in this position

4480
04:20:43,492 --> 04:20:44,923
in the first place.

4481
04:20:44,923 --> 04:20:48,700
I do think the improvements our peers road are material,

4482
04:20:48,700 --> 04:20:49,786
and we've identified five roadway days

4483
04:20:49,786 --> 04:20:52,663
in the hillsides over the last couple of years, many thanks

4484
04:20:52,663 --> 04:20:53,840
for public works team.

4485
04:20:53,840 --> 04:20:56,194
They're doing everything they can to keep it afloat.

4486
04:20:56,194 --> 04:20:58,743
We do not have the funding today to go and fix

4487
04:20:58,743 --> 04:21:00,930
all of those right.

4488
04:21:00,930 --> 04:21:03,963
We need at least $15 million, if not significantly more.

4489
04:21:03,963 --> 04:21:07,530
We've requested grants from federal and state partnered

4490
04:21:07,530 --> 04:21:09,333
legislature to legislators to see

4491
04:21:09,333 --> 04:21:11,510
if they can help us get there.

4492
04:21:11,510 --> 04:21:14,128
And this actually helps us get there in a significant way.

4493
04:21:14,128 --> 04:21:15,923
On one of those five areas.

4494
04:21:15,923 --> 04:21:18,488
And so that, to me, is quite material

4495
04:21:18,488 --> 04:21:21,132
because we're taking sort of like Band-Aid type measures

4496
04:21:21,132 --> 04:21:22,961
and have really gotten lucky.

4497
04:21:22,961 --> 04:21:26,315
I do think there are multiple risk to consider here.

4498
04:21:26,315 --> 04:21:28,893
And so, for example wildfire is one risk,

4499
04:21:28,893 --> 04:21:30,483
but earthquake risk was another.

4500
04:21:30,483 --> 04:21:31,743
Thinking about have road.

4501
04:21:31,743 --> 04:21:33,183
What if a road collapses?

4502
04:21:33,183 --> 04:21:34,383
Right.

4503
04:21:34,383 --> 04:21:37,773
That's what I mean by like none of this is easier or convenient.

4504
04:21:37,773 --> 04:21:39,333
We've been taking a very serious look

4505
04:21:39,333 --> 04:21:41,343
at this as a council for a number of years

4506
04:21:41,343 --> 04:21:44,133
in terms of what are the overall disasters that we have

4507
04:21:44,133 --> 04:21:46,293
to potentially plan for, many of which

4508
04:21:46,293 --> 04:21:48,390
are just outside of our control, Right.

4509
04:21:48,390 --> 04:21:50,973
We can't control literally where lightning is going to strike.

4510
04:21:50,973 --> 04:21:52,473
And I think all of us have been you know,

4511
04:21:52,473 --> 04:21:54,963
I remember when there were orange skies, six years ago.

4512
04:21:54,963 --> 04:21:55,953
It was terrifying.

4513
04:21:55,953 --> 04:21:56,939
Right.

4514
04:21:56,939 --> 04:21:59,253
We all to be under evacuation and we didn't

4515
04:21:59,253 --> 04:22:02,353
have to evacuate to be ready.

4516
04:22:02,353 --> 04:22:04,353
I do think it's a nice development for Saratoga.

4517
04:22:04,353 --> 04:22:05,750
It's a good project.

4518
04:22:05,750 --> 04:22:06,333
I think it is.

4519
04:22:06,333 --> 04:22:07,353
Well done.

4520
04:22:07,353 --> 04:22:08,823
It could have been 300 units.

4521
04:22:08,823 --> 04:22:10,413
It could have been 500 units.

4522
04:22:10,413 --> 04:22:14,730
But I think you're choosing 25 units within that context.

4523
04:22:14,730 --> 04:22:17,343
I think that is more reasonable than what

4524
04:22:17,343 --> 04:22:19,843
we've seen other folks do, not just in saratoga,

4525
04:22:19,843 --> 04:22:22,440
but in the broader state of California.

4526
04:22:22,440 --> 04:22:24,520
Yeah, I've you know, been fortunate enough

4527
04:22:24,520 --> 04:22:26,997
to meet with residents to meet with Bill,

4528
04:22:26,997 --> 04:22:29,476
to meet with anyone who's really reached out

4529
04:22:29,476 --> 04:22:31,876
to have a conversation.

4530
04:22:32,244 --> 04:22:37,440
I just want to be in listening mode.

4531
04:22:37,225 --> 04:22:41,823
I do agree that legislation is a potential solution here.

4532
04:22:41,823 --> 04:22:43,531
But again, to Richard's point, I just

4533
04:22:43,531 --> 04:22:46,203
did some quick reading on this in our break is

4534
04:22:46,203 --> 04:22:49,563
is that element of this was a specific local legislature

4535
04:22:49,563 --> 04:22:53,793
or legislator that was able to get that through the state.

4536
04:22:53,793 --> 04:22:58,383
And so I don't I think that is a viable solution.

4537
04:22:58,383 --> 04:23:01,996
But it requires a pretty major investment and a lot of things

4538
04:23:01,996 --> 04:23:02,913
have to come together.

4539
04:23:02,913 --> 04:23:05,733
And to be clear, we've all had this conversation, right,

4540
04:23:05,733 --> 04:23:07,743
with our with our own legislators about,

4541
04:23:07,743 --> 04:23:09,753
hey what can we do here?

4542
04:23:09,753 --> 04:23:11,271
Because we do significant things.

4543
04:23:11,271 --> 04:23:13,801
There is a significant risk, in our hillsides,

4544
04:23:13,801 --> 04:23:16,770
the last thing I'll say is if you're here

4545
04:23:16,770 --> 04:23:17,843
and you're concerned about this, I

4546
04:23:17,843 --> 04:23:19,635
hope you are meeting with your neighborhood

4547
04:23:19,635 --> 04:23:21,260
around starting the Firewise community,

4548
04:23:21,260 --> 04:23:24,740
because there are many things that we can be doing.

4549
04:23:24,740 --> 04:23:26,163
I think this is just one neighborhood.

4550
04:23:26,163 --> 04:23:27,208
We're talking about.

4551
04:23:27,208 --> 04:23:29,558
But given all the things that have been mentioned

4552
04:23:29,558 --> 04:23:31,484
from a legal perspective of, especially when

4553
04:23:31,484 --> 04:23:33,466
it comes to the housing accountability of HOA,

4554
04:23:33,466 --> 04:23:36,109
when it comes to, you know, provisions of the borders

4555
04:23:36,109 --> 04:23:38,311
remedy, and also the fact that I think this

4556
04:23:38,311 --> 04:23:40,713
is a decent development for the area.

4557
04:23:40,713 --> 04:23:44,913
I will be voting in favor of it.

4558
04:23:44,913 --> 04:23:45,753
Thank you.

4559
04:23:45,753 --> 04:23:50,553
Yeah Once again, I want to thank everyone

4560
04:23:52,653 --> 04:23:55,413
for taking your time to write to us

4561
04:23:55,413 --> 04:24:02,800
and speaking with us on this opt on this project I know how much

4562
04:24:02,800 --> 04:24:03,704
concern.

4563
04:24:03,704 --> 04:24:06,865
This project has raised, particularly regarding

4564
04:24:06,865 --> 04:24:11,343
file safety and emergency evacuation I have heard you.

4565
04:24:11,343 --> 04:24:13,743
I understand those concerns.

4566
04:24:14,430 --> 04:24:19,443
Public safety has always been our city's top priority

4567
04:24:19,683 --> 04:24:26,430
but we also have to consider the legal constraints before us.

4568
04:24:26,430 --> 04:24:30,183
This project qualifies for the builder's remedy under the,

4569
04:24:30,183 --> 04:24:34,773
you know, a as we all have heard,

4570
04:24:34,773 --> 04:24:41,973
we have no legal base to deny this project This project would

4571
04:24:42,363 --> 04:24:46,563
provide 24, 25 housing units, including five affordable units,

4572
04:24:47,613 --> 04:24:52,413
to help us meet our city's rina obligations.

4573
04:24:55,443 --> 04:25:00,843
You know, this project also dedicate a public trail

4574
04:25:02,223 --> 04:25:07,233
and also include a site specific wildfire protection plan

4575
04:25:07,233 --> 04:25:14,433
and also help us I think it's there's a provision that also

4576
04:25:15,603 --> 04:25:19,550
to improvements to Pierce Road and contribution

4577
04:25:19,550 --> 04:25:22,351
towards the retaining wall by.

4578
04:25:22,351 --> 04:25:27,955
But I do want to make it clear that proving this project

4579
04:25:27,955 --> 04:25:33,300
does not mean we dismiss the fire and evacuation concerns

4580
04:25:33,300 --> 04:25:35,403
raised by our residents.

4581
04:25:35,703 --> 04:25:38,103
I share those concerns.

4582
04:25:39,303 --> 04:25:44,730
But as elected officials we have a responsibility

4583
04:25:44,730 --> 04:25:46,473
to follow the law.

4584
04:25:46,773 --> 04:25:51,873
Even when the choices are difficult. Given the legal

4585
04:25:51,873 --> 04:25:56,463
and the financial risks of denying a project that we do not

4586
04:25:56,463 --> 04:26:01,263
have a lawful basis to deny I believe

4587
04:26:01,839 --> 04:26:07,692
approval is a responsible choice that we can make today.

4588
04:26:07,692 --> 04:26:14,292
So I will be voting to approve this appeal as proposed.

4589
04:26:16,203 --> 04:26:18,203
Thank you, Tina.

4590
04:26:21,000 --> 04:26:24,723
I understand that by thanking each one of you who came here

4591
04:26:24,723 --> 04:26:28,173
tonight spoke those who have reached out earlier

4592
04:26:28,173 --> 04:26:32,973
and spoken with me I truly hear your concern,

4593
04:26:32,973 --> 04:26:35,973
your concerns about wildfire evacuation,

4594
04:26:36,783 --> 04:26:43,383
emergency access are all serious And I have listened to them

4595
04:26:43,593 --> 04:26:45,593
carefully.

4596
04:26:46,473 --> 04:26:51,843
Those of you who know me know that I don't make

4597
04:26:51,843 --> 04:26:53,843
difficult decisions easily.

4598
04:26:54,900 --> 04:26:56,409
I take them through.

4599
04:26:56,718 --> 04:27:02,118
And this is one of the fairly tough decisions

4600
04:27:02,763 --> 04:27:08,163
that I've had to make sitting on this side.

4601
04:27:09,963 --> 04:27:14,763
My responsive ability is for the public safety.

4602
04:27:16,173 --> 04:27:22,773
My response ability is also for the whole city of saratoga.

4603
04:27:24,573 --> 04:27:28,533
I have no choice but to follow the oath of office.

4604
04:27:28,533 --> 04:27:35,313
I took, which is to uphold the laws of the state of California.

4605
04:27:35,313 --> 04:27:38,733
I have to balance the needs of all the sides.

4606
04:27:38,733 --> 04:27:42,333
Considering all the implications, the financial

4607
04:27:44,523 --> 04:27:51,123
as well as the others You know, this goes against everything

4608
04:27:54,393 --> 04:27:57,993
that I hold dear for Saratoga.

4609
04:27:58,953 --> 04:28:05,793
I was the mayor who made sure we the city did our job on time

4610
04:28:05,793 --> 04:28:07,893
to submit the housing element.

4611
04:28:07,893 --> 04:28:11,763
We submitted it on time Most of you

4612
04:28:11,763 --> 04:28:16,533
have no idea what I faced from residents who are not

4613
04:28:16,533 --> 04:28:20,613
in the hillsides because that council did not

4614
04:28:20,613 --> 04:28:25,413
propose a single opportunity site in the hillsides.

4615
04:28:26,523 --> 04:28:28,923
The concerns were wildfire.

4616
04:28:29,733 --> 04:28:34,743
I do take it seriously It was the state act

4617
04:28:34,743 --> 04:28:38,943
that took 24 months to approve our housing

4618
04:28:40,383 --> 04:28:45,280
element that zero change in opportunity sites, those builder

4619
04:28:45,280 --> 04:28:47,990
remedy projects happened.

4620
04:28:47,990 --> 04:28:51,899
Not because the city was not responsible It

4621
04:28:54,513 --> 04:29:00,153
is very difficult for me to say this doesn't meet

4622
04:29:00,153 --> 04:29:05,343
the general plan but I have to say yes, it's very, very

4623
04:29:05,343 --> 04:29:08,343
difficult. I understand the challenges

4624
04:29:08,433 --> 04:29:12,153
that the city has legally, financially, I

4625
04:29:12,153 --> 04:29:15,153
have to consider the applicant.

4626
04:29:15,543 --> 04:29:18,213
I have to think of all the neighborhoods, all of you who

4627
04:29:18,213 --> 04:29:24,723
have come here to speak and those who have reached out,

4628
04:29:24,723 --> 04:29:28,923
as has been said, the proposal still

4629
04:29:29,913 --> 04:29:33,513
does provide improvements on Peirce Road,

4630
04:29:34,173 --> 04:29:37,413
some critical improvements for the landslide area.

4631
04:29:37,413 --> 04:29:41,613
It's very easy to actually not It's

4632
04:29:46,477 --> 04:29:53,770
it's very difficult to for me to be able to weigh

4633
04:29:53,253 --> 04:29:55,323
the benefits on the risks.

4634
04:29:55,323 --> 04:29:59,523
I actually cannot I will only say I have to comply with

4635
04:29:59,523 --> 04:30:00,153
the law.

4636
04:30:00,153 --> 04:30:03,603
The builders remedy has been imposed on us

4637
04:30:03,603 --> 04:30:05,763
not by somebody sitting in this room,

4638
04:30:05,763 --> 04:30:07,369
but by our state legislature.

4639
04:30:07,369 --> 04:30:12,663
Was do we have we tried to reach out?

4640
04:30:12,663 --> 04:30:15,363
I think everybody has said, starting with our city attorney,

4641
04:30:15,363 --> 04:30:20,283
we have reached out to the state legislators multiple times,

4642
04:30:20,283 --> 04:30:24,483
Do we have objective design standards currently?

4643
04:30:24,483 --> 04:30:25,113
No.

4644
04:30:25,113 --> 04:30:26,730
Do we need them?

4645
04:30:26,730 --> 04:30:27,153
Yes.

4646
04:30:27,153 --> 04:30:30,303
That is why I asked staff a couple of months

4647
04:30:30,303 --> 04:30:32,223
ago to bring us a report to continue

4648
04:30:32,223 --> 04:30:35,587
for an ordinance for the wildland urban interface area

4649
04:30:35,587 --> 04:30:39,699
so that we can set a clear, objective threshold.

4650
04:30:39,699 --> 04:30:45,110
So that if there is an increased evacuation in a situation

4651
04:30:45,110 --> 04:30:48,110
which we find unacceptable impact,

4652
04:30:48,911 --> 04:30:52,923
what are those standards So that something like this

4653
04:30:52,923 --> 04:30:55,323
does not happen again?

4654
04:30:55,473 --> 04:30:58,530
As the mayor asked earlier, is there in the city,

4655
04:30:58,530 --> 04:31:00,273
in the state that has those none.

4656
04:31:00,273 --> 04:31:05,101
So I want to reassure you, it is not

4657
04:31:05,101 --> 04:31:07,312
that we have ignored anything.

4658
04:31:07,312 --> 04:31:10,259
It is the Endless list of state laws

4659
04:31:10,259 --> 04:31:12,663
that have been coming at us.

4660
04:31:12,663 --> 04:31:16,833
I have spoken with our colleagues in other cities.

4661
04:31:16,833 --> 04:31:21,330
I have discussed this at Cities Association

4662
04:31:21,123 --> 04:31:23,973
and I am working with other cities to work on this.

4663
04:31:23,973 --> 04:31:26,853
In fact, several years ago, Saratoga

4664
04:31:26,853 --> 04:31:30,930
did support a statewide ballot initiative

4665
04:31:30,930 --> 04:31:35,973
to limit state control We it did not go too far.

4666
04:31:35,973 --> 04:31:42,483
So I know this is not the outcome any of you residents

4667
04:31:42,483 --> 04:31:46,413
who have come here, you are hoping for.

4668
04:31:46,413 --> 04:31:51,213
And I know how deeply matters to you.

4669
04:31:51,243 --> 04:31:55,233
It is not a decision I am making lately,

4670
04:31:55,233 --> 04:32:02,433
but I have reached this decision based on what I I believe.

4671
04:32:03,949 --> 04:32:12,349
And I understand, the law is the way the law is written and has,

4672
04:32:12,414 --> 04:32:16,614
as has been presented before us tonight.

4673
04:32:17,600 --> 04:32:21,206
So I will be supporting the appeal,

4674
04:32:21,718 --> 04:32:27,118
which is in favor of the project as presented.

4675
04:32:29,643 --> 04:32:34,118
Thank you I think it's all been said

4676
04:32:34,118 --> 04:32:36,113
and I'm going to repeat a few things

4677
04:32:36,113 --> 04:32:38,606
and maybe bring up one thing before I do.

4678
04:32:38,606 --> 04:32:41,349
I just want to say that prior to this meeting.

4679
04:32:41,349 --> 04:32:44,730
I have had conversations with both the President of cran

4680
04:32:44,730 --> 04:32:46,233
and with the developer.

4681
04:32:46,233 --> 04:32:51,330
So in just to make it full disclosure,

4682
04:32:51,330 --> 04:32:54,430
because I figure the more I learn, the better off.

4683
04:32:54,430 --> 04:32:55,342
I am.

4684
04:32:55,342 --> 04:32:58,988
There are some benefits to this project, certainly not the ones

4685
04:32:58,988 --> 04:33:00,204
that we want.

4686
04:33:00,204 --> 04:33:04,325
I don't know how a council could sit up here and try

4687
04:33:04,325 --> 04:33:07,636
to define an objective standard for evacuation time increases.

4688
04:33:07,636 --> 04:33:12,271
As I said before, it's a I'd be hard pressed to say,

4689
04:33:12,271 --> 04:33:14,115
oh 25 seconds is okay.

4690
04:33:14,115 --> 04:33:18,653
So that's only three homes that one get out and 50s is no good.

4691
04:33:18,653 --> 04:33:22,283
I don't think we'd want tens We wouldn't want one second.

4692
04:33:22,283 --> 04:33:24,453
We want to make it better than it is.

4693
04:33:24,453 --> 04:33:28,113
And this project does a little bit of that.

4694
04:33:28,113 --> 04:33:30,873
The Pierce Road will be widened in front

4695
04:33:30,873 --> 04:33:33,123
of the whole frontage of this property

4696
04:33:33,123 --> 04:33:37,503
or of the project area I think that's really important.

4697
04:33:37,503 --> 04:33:40,863
The land movement that has been happening on Pierce Road

4698
04:33:40,863 --> 04:33:44,633
is going to be fixed That's a good thing.

4699
04:33:44,633 --> 04:33:47,916
That helps to protect us from, other closures because

4700
04:33:47,916 --> 04:33:50,214
of other reasons, including fire.

4701
04:33:50,214 --> 04:33:53,498
But at the end of the day, I swore

4702
04:33:53,498 --> 04:33:56,103
this oath and i swore an oath to uphold

4703
04:33:56,103 --> 04:33:58,983
the cost of the state of California,

4704
04:33:58,983 --> 04:34:03,363
no matter how I don't like the laws that are included in it.

4705
04:34:03,363 --> 04:34:06,625
And I but I have to do that.

4706
04:34:06,625 --> 04:34:10,998
And I'm not doing it in lieu of risk or adversity

4707
04:34:10,998 --> 04:34:12,588
to Saratoga residents.

4708
04:34:12,588 --> 04:34:16,980
I think that everyone that I've spoken to,

4709
04:34:16,980 --> 04:34:19,848
everyone that's come forward tonight, I feel your pain

4710
04:34:19,848 --> 04:34:25,923
and it irks me that I have to make this decision But I do.

4711
04:34:25,923 --> 04:34:28,373
And I think that ultimately, we will

4712
04:34:28,373 --> 04:34:31,435
find that we will gather some really great neighbors who

4713
04:34:31,435 --> 04:34:34,496
have Harden homes, which we've done another study that

4714
04:34:34,496 --> 04:34:36,123
says for every home that gets harden,

4715
04:34:36,123 --> 04:34:40,175
three homes don't burn all we've got 25 of them that are harden.

4716
04:34:40,175 --> 04:34:43,293
So there's an area that could very well slow down

4717
04:34:43,293 --> 04:34:46,149
fire and actually protect more of us.

4718
04:34:46,149 --> 04:34:49,317
So we may find that there's some benefits to this.

4719
04:34:49,317 --> 04:34:52,485
I'm especially happy that that we've got a zone zero.

4720
04:34:52,485 --> 04:34:56,413
I mean, we put it into our code an ember free zone

4721
04:34:56,413 --> 04:34:58,613
because Zone zero hadn't been defined.

4722
04:34:58,613 --> 04:35:00,814
And I'm so happy that voluntarily you

4723
04:35:00,814 --> 04:35:02,700
all chose to do that.

4724
04:35:02,700 --> 04:35:04,272
I think that's tremendous.

4725
04:35:04,272 --> 04:35:08,305
And and I think that it's going to be beneficial to us

4726
04:35:08,305 --> 04:35:11,343
all, even if we don't see it.

4727
04:35:11,343 --> 04:35:15,532
But I also will support the staff recommendation which,

4728
04:35:15,532 --> 04:35:20,101
by the way, they did have a discussion with H KD our state

4729
04:35:20,101 --> 04:35:22,385
earlier this week and the state said

4730
04:35:22,385 --> 04:35:24,670
we support the staff recommendation, which

4731
04:35:24,670 --> 04:35:28,749
is a to me, it's a kind of a sideways way

4732
04:35:28,749 --> 04:35:31,266
of saying don't do anything other than that,

4733
04:35:31,266 --> 04:35:34,343
because the worst thing would be that builders remedy can come

4734
04:35:34,343 --> 04:35:35,223
back in 22.

4735
04:35:35,223 --> 04:35:37,383
More projects come into Saratoga and places

4736
04:35:37,383 --> 04:35:39,383
that aren't appropriate.

4737
04:35:39,453 --> 04:35:42,933
So I will be supporting the staff recommendation.

4738
04:35:42,933 --> 04:35:46,143
And again I thank everyone for coming out

4739
04:35:46,143 --> 04:35:47,883
and let's all continue to work together

4740
04:35:47,883 --> 04:35:49,713
to make our hillside safer.

4741
04:35:49,713 --> 04:35:53,223
Let's build Firewise communities and if we ever get to the point

4742
04:35:53,223 --> 04:35:55,230
where a climate resilience district makes

4743
04:35:55,230 --> 04:35:58,803
sense for this city I'd love to see it happen.

4744
04:35:58,803 --> 04:36:00,753
Thank you.

4745
04:36:00,753 --> 04:36:03,753
So now we're looking for a motion.

4746
04:36:03,753 --> 04:36:09,663
Below I'll move to approve the appeal of the Planning

4747
04:36:09,663 --> 04:36:12,663
Commission decision of IPCC 20 6-3.

4748
04:36:15,573 --> 04:36:19,230
Okay Do we have a second one?

4749
04:36:19,230 --> 04:36:21,347
Adopt all resolution as speaker.

4750
04:36:21,347 --> 04:36:25,177
Multiple to adopt all of the resolutions as recommended.

4751
04:36:25,177 --> 04:36:26,733
As recommended by staff.

4752
04:36:26,733 --> 04:36:27,356
Beautiful.

4753
04:36:27,356 --> 04:36:29,224
And the second I second.

4754
04:36:29,224 --> 04:36:31,920
And we have a second.

4755
04:36:31,920 --> 04:36:34,517
I'm sorry, it was a second by Councilmember Fitzsimons.

4756
04:36:34,517 --> 04:36:35,451
Thank you.

4757
04:36:35,451 --> 04:36:41,188
OK All those in favor, please say i i any opposed.

4758
04:36:41,188 --> 04:36:42,343
Any abstentions?

4759
04:36:42,343 --> 04:36:43,883
Motion carries unanimously.

4760
04:36:43,883 --> 04:36:45,380
Thank you.

4761
04:36:45,380 --> 04:36:47,380
All very much.

4762
04:36:47,730 --> 04:36:49,730
Excuse me.

4763
04:36:55,473 --> 04:36:59,673
Where we don't I'm going to do.

4764
04:37:03,344 --> 04:37:03,844
So.

4765
04:37:03,844 --> 04:37:06,844
Yeah I wanted me committee.

4766
04:37:09,264 --> 04:37:10,536
OK.

4767
04:37:10,536 --> 04:37:15,936
So now we go to general business item number

4768
04:37:16,263 --> 04:37:19,203
one, which is the purchase of electrical equipment

4769
04:37:19,203 --> 04:37:22,653
for the Werner Hutton house and the Joan Pisani Community Center

4770
04:37:22,653 --> 04:37:23,883
to support facility.

4771
04:37:23,883 --> 04:37:25,883
Facility electrification.

4772
04:37:26,111 --> 04:37:27,824
Do we have a staff report?

4773
04:37:27,824 --> 04:37:30,159
Would any of the council on would a question?

4774
04:37:30,159 --> 04:37:30,659
Sure.

4775
04:37:30,659 --> 04:37:33,258
Would any councilmembers be open to us deferring some of these

4776
04:37:33,258 --> 04:37:39,702
items for next time, or do you want to keep going ?

4777
04:37:39,702 --> 04:37:41,939
I know some people have early morning flights

4778
04:37:41,939 --> 04:37:43,896
and Yeah, I it's fine.

4779
04:37:43,896 --> 04:37:45,574
Do you think we can?

4780
04:37:45,574 --> 04:37:46,988
I think we can.

4781
04:37:46,988 --> 04:37:51,303
I think we only got I think we can will get through it quick.

4782
04:37:51,303 --> 04:37:51,879
Okay.

4783
04:37:51,879 --> 04:37:52,742
All right.

4784
04:37:52,742 --> 04:37:53,893
One of two.

4785
04:37:53,893 --> 04:37:54,756
All right.

4786
04:37:54,756 --> 04:37:56,769
Good evening and may your patience.

4787
04:37:56,769 --> 04:38:01,569
Make sure Francisco that it's turned on a.

4788
04:38:03,903 --> 04:38:05,583
My name is Francisco Alvarez, and I

4789
04:38:05,583 --> 04:38:09,363
am I am the facilities maintenance manager.

4790
04:38:09,363 --> 04:38:14,523
Tonight, a staff is asking the council to approve 95,100 this

4791
04:38:14,523 --> 04:38:18,453
amount amount doesn't include the cell tax to purchase new

4792
04:38:18,453 --> 04:38:22,983
electrical heating and cooling equipment for from c h

4793
04:38:22,983 --> 04:38:28,383
mechanical for the 1:00 house and US and community center

4794
04:38:28,713 --> 04:38:30,483
in 2025.

4795
04:38:30,483 --> 04:38:35,343
The city received 483,000 ground from telecom Valley clean energy

4796
04:38:35,343 --> 04:38:39,368
transition Essex and gas, electric power equipment with

4797
04:38:39,368 --> 04:38:41,661
new electric power heat pumps.

4798
04:38:41,661 --> 04:38:44,719
This project support the City Climate Action Plan

4799
04:38:44,719 --> 04:38:48,671
and will reduce the city's reliance on natural gas.

4800
04:38:48,671 --> 04:38:52,818
The 100 House We will replace the existing gas,

4801
04:38:52,818 --> 04:38:54,476
electric H-back equipment.

4802
04:38:54,476 --> 04:38:58,208
And we, with a new electric powered heat

4803
04:38:58,208 --> 04:39:01,878
pump at the campus and the community center

4804
04:39:01,878 --> 04:39:06,258
will replace eight gas, electric units with new electric bike

4805
04:39:06,258 --> 04:39:07,453
heat pumps.

4806
04:39:07,453 --> 04:39:10,803
Most of these h-back equipment systems

4807
04:39:10,803 --> 04:39:15,603
are nearing the end of their useful life.

4808
04:39:15,603 --> 04:39:17,730
The grant provides an opportunity

4809
04:39:17,730 --> 04:39:20,730
to replace their equipment while reducing the overall cost

4810
04:39:20,730 --> 04:39:24,513
to the city to lower the total project costs serious staff.

4811
04:39:24,513 --> 04:39:27,393
We propose purchase the equipment directly

4812
04:39:27,393 --> 04:39:30,963
and conduct a separate competitive bid

4813
04:39:30,963 --> 04:39:33,363
for the installation work.

4814
04:39:34,263 --> 04:39:36,753
The Civic Center Theater Heating System

4815
04:39:36,753 --> 04:39:39,843
is also included in their overall electrification project.

4816
04:39:39,843 --> 04:39:43,293
However, because the system is more complex,

4817
04:39:43,293 --> 04:39:47,313
a staff will evaluate design and engineering options

4818
04:39:47,313 --> 04:39:49,863
and will return to the City Council with it

4819
04:39:49,863 --> 04:39:52,203
as a separate proposal.

4820
04:39:52,203 --> 04:39:54,903
If approved tonight, a staff plans

4821
04:39:54,903 --> 04:39:57,243
to purchase the equipment in October.

4822
04:39:57,243 --> 04:40:01,173
We deliver delivery anticipated in December Construction

4823
04:40:01,173 --> 04:40:03,393
is expected to begin next year.

4824
04:40:03,393 --> 04:40:05,793
The staff recommend that the city council approve

4825
04:40:05,793 --> 04:40:08,976
the purchase of the equipment from CRH Mechanical

4826
04:40:08,976 --> 04:40:11,376
and the amount of 95,100.

4827
04:40:12,213 --> 04:40:15,723
Again, this amount does not include the sale tax.

4828
04:40:15,723 --> 04:40:16,323
Thank you.

4829
04:40:16,323 --> 04:40:21,123
And I'm available to answer any questions Do

4830
04:40:21,424 --> 04:40:23,824
you have any questions?

4831
04:40:24,723 --> 04:40:26,313
I just I just have one question.

4832
04:40:26,313 --> 04:40:29,672
I know this wasn't in our budget, so where's the money?

4833
04:40:29,672 --> 04:40:31,101
Where is it come from?

4834
04:40:31,101 --> 04:40:34,776
I thought we usually got a report that showed what fun.

4835
04:40:34,776 --> 04:40:37,838
The money's coming out of and going into something.

4836
04:40:37,838 --> 04:40:43,238
Anybody can answer that ryan may be able to.

4837
04:40:47,253 --> 04:40:50,673
The total the 493 K for this project

4838
04:40:50,673 --> 04:40:52,710
is included in our budget.

4839
04:40:52,710 --> 04:40:54,190
It was oh that's right.

4840
04:40:54,190 --> 04:40:57,398
It was it was a last job at that at the end.

4841
04:40:57,398 --> 04:41:00,423
And the 95 is that just to where's the 90.

4842
04:41:00,423 --> 04:41:01,593
Whatever it was.

4843
04:41:01,593 --> 04:41:03,913
Is that a component of the 493.

4844
04:41:03,913 --> 04:41:04,413
Yes.

4845
04:41:04,413 --> 04:41:08,613
So the 95,100 would be reimbursed from those 983,000.

4846
04:41:11,673 --> 04:41:12,783
So it'll be reimbursed.

4847
04:41:12,783 --> 04:41:13,283
Yes.

4848
04:41:13,283 --> 04:41:15,421
So it's just an upfront payment before we get that.

4849
04:41:15,421 --> 04:41:15,723
Perfect.

4850
04:41:15,723 --> 04:41:16,223
Yeah.

4851
04:41:16,223 --> 04:41:18,573
That would come from 493,000.

4852
04:41:18,573 --> 04:41:19,830
Excellent.

4853
04:41:19,830 --> 04:41:20,253
Thank you.

4854
04:41:20,253 --> 04:41:22,503
Okay Thank you very much.

4855
04:41:22,503 --> 04:41:25,473
Is there any public comment?

4856
04:41:25,473 --> 04:41:28,983
I don't see anybody in the chambers here.

4857
04:41:28,983 --> 04:41:32,763
Anybody on line who would like to address the city

4858
04:41:32,763 --> 04:41:33,903
council on this item.

4859
04:41:33,903 --> 04:41:38,703
Now is a time to raise your hand.

4860
04:41:39,363 --> 04:41:39,965
Nice.

4861
04:41:39,965 --> 04:41:40,923
You know, hands raised.

4862
04:41:40,923 --> 04:41:41,423
All right.

4863
04:41:41,423 --> 04:41:44,334
Thank you So I'll bring it back to council.

4864
04:41:44,334 --> 04:41:47,803
Maybe I like to make a motion or have a discussion.

4865
04:41:47,803 --> 04:41:50,983
I'd like to make a motion to move staff recommendation.

4866
04:41:50,983 --> 04:41:53,140
OK Do we have a second?

4867
04:41:53,140 --> 04:41:55,807
Second, we have a motion and a second.

4868
04:41:55,807 --> 04:41:56,341
Second.

4869
04:41:56,341 --> 04:41:57,408
All in favor.

4870
04:41:57,408 --> 04:41:59,809
Please say I. I and the opposed.

4871
04:41:59,809 --> 04:42:00,342
None.

4872
04:42:00,342 --> 04:42:03,417
Opposed any abstentions None of those.

4873
04:42:03,417 --> 04:42:04,853
So passes unanimously.

4874
04:42:04,853 --> 04:42:05,930
Thank you.

4875
04:42:05,930 --> 04:42:06,648
OK.

4876
04:42:06,648 --> 04:42:09,878
Item 3.2 Designation of League of California Cities Annual

4877
04:42:09,878 --> 04:42:13,478
Conference Voting Delegate and alternates Mayor.

4878
04:42:13,863 --> 04:42:14,493
Yes.

4879
04:42:14,493 --> 04:42:16,435
Oh, well, go ahead.

4880
04:42:16,435 --> 04:42:17,643
I was ready to make a motion.

4881
04:42:17,643 --> 04:42:18,143
Oh.

4882
04:42:18,143 --> 04:42:19,926
Oh, well, a little bit of stuff.

4883
04:42:19,926 --> 04:42:24,425
Hey, I just wanted to say the item before you is, as you know,

4884
04:42:24,425 --> 04:42:27,431
the annual conference is taking place in Anaheim,

4885
04:42:27,431 --> 04:42:29,435
September 23 through the 25th.

4886
04:42:29,435 --> 04:42:33,843
And the city council needs to designate a voting delegate as

4887
04:42:33,843 --> 04:42:41,583
well as up to two alternates and that is a very brief staff

4888
04:42:41,583 --> 04:42:43,113
report All right.

4889
04:42:43,113 --> 04:42:44,673
Thank you.

4890
04:42:44,673 --> 04:42:45,555
Yeah.

4891
04:42:45,555 --> 04:42:47,433
Oh.

4892
04:42:47,433 --> 04:42:48,153
Oh, I'm sorry.

4893
04:42:48,153 --> 04:42:48,653
Yes.

4894
04:42:48,653 --> 04:42:49,653
Is there anyone.

4895
04:42:49,653 --> 04:42:54,453
Oh, Any questions of staff ahead Who's attending?

4896
04:42:54,933 --> 04:43:00,333
Well, first, what I think all every member of the council,

4897
04:43:00,333 --> 04:43:04,240
it is my understanding that all council is attending this year.

4898
04:43:04,240 --> 04:43:07,507
I do know, I do have a comment about that.

4899
04:43:07,507 --> 04:43:11,572
So with that, be in the comment period, then after that,

4900
04:43:11,572 --> 04:43:12,707
none the questions.

4901
04:43:12,707 --> 04:43:13,261
OK.

4902
04:43:13,261 --> 04:43:14,923
Any other questions of staff?

4903
04:43:14,923 --> 04:43:15,477
OK.

4904
04:43:15,477 --> 04:43:17,417
We'll open the public comment period.

4905
04:43:17,417 --> 04:43:20,741
If there's anyone that would like to speak on this item.

4906
04:43:20,741 --> 04:43:24,393
Now would be the time to either raise your virtual hand

4907
04:43:24,393 --> 04:43:27,603
or reach down to the podium.

4908
04:43:27,603 --> 04:43:31,353
Seeing no one racing and no hands raised on line

4909
04:43:31,353 --> 04:43:32,469
confirm that for it.

4910
04:43:32,469 --> 04:43:33,303
Nobody's on there.

4911
04:43:33,303 --> 04:43:34,353
No hands raised.

4912
04:43:34,353 --> 04:43:35,301
Thank you.

4913
04:43:35,301 --> 04:43:36,843
We'll close the public comment period

4914
04:43:36,843 --> 04:43:42,993
and bring it back to council for discussion or a motion.

4915
04:43:42,993 --> 04:43:46,593
I have a comment Go ahead.

4916
04:43:47,397 --> 04:43:50,110
So attending this conference is the choice

4917
04:43:50,110 --> 04:43:51,879
of each council member.

4918
04:43:51,879 --> 04:43:55,479
If they will attend or not.

4919
04:43:55,743 --> 04:43:58,863
Cheuk Yan and Belal have less than three months left

4920
04:43:58,863 --> 04:44:04,293
on their terms after this conference If I was working

4921
04:44:04,293 --> 04:44:08,193
at an organization and knowing that I would be leaving the job

4922
04:44:08,193 --> 04:44:11,223
and leaving the organization in less than three months,

4923
04:44:11,223 --> 04:44:14,403
I would not ask the organization to pay for the $1,500

4924
04:44:14,403 --> 04:44:15,663
conference.

4925
04:44:15,663 --> 04:44:16,773
It doesn't seem right.

4926
04:44:16,773 --> 04:44:19,683
The organization in this case, the city,

4927
04:44:19,683 --> 04:44:21,603
should be paying the $1,500 bill.

4928
04:44:21,603 --> 04:44:24,393
But it's the choice of each council member

4929
04:44:24,393 --> 04:44:26,977
whether they will attend the conference or not.

4930
04:44:26,977 --> 04:44:29,848
And have the city pay for it or not.

4931
04:44:29,848 --> 04:44:31,848
Thanks.

4932
04:44:36,513 --> 04:44:38,513
To the comments.

4933
04:44:40,213 --> 04:44:40,713
Sure.

4934
04:44:40,713 --> 04:44:42,363
I'll just provide comment on that.

4935
04:44:42,363 --> 04:44:45,483
I understand or appreciate that perspective

4936
04:44:45,483 --> 04:44:48,513
I have found the conference to be incredibly valuable in terms

4937
04:44:48,513 --> 04:44:50,280
of just like learning coming back

4938
04:44:50,280 --> 04:44:52,653
and then sharing those learnings with staff, with other council

4939
04:44:52,653 --> 04:44:55,323
members, with residents as well.

4940
04:44:55,323 --> 04:44:57,333
And so I actually think that sort of like

4941
04:44:57,333 --> 04:44:59,730
given I know I'm throwing off, I want

4942
04:44:59,730 --> 04:45:00,694
to go and make the most of it and try

4943
04:45:00,694 --> 04:45:02,652
to come back with as many learnings as possible

4944
04:45:02,652 --> 04:45:03,486
to share it.

4945
04:45:03,486 --> 04:45:05,775
So that's really how I think about it.

4946
04:45:05,775 --> 04:45:07,233
But I can understand and appreciate

4947
04:45:07,233 --> 04:45:09,430
there are different perspectives on that.

4948
04:45:09,430 --> 04:45:09,543
Thank you.

4949
04:45:09,543 --> 04:45:10,523
Below.

4950
04:45:10,523 --> 04:45:11,230
Yeah.

4951
04:45:11,230 --> 04:45:12,243
Anything?

4952
04:45:12,243 --> 04:45:12,753
Sure.

4953
04:45:12,753 --> 04:45:18,393
I'll show Mary Common on this link of California City's

4954
04:45:18,393 --> 04:45:22,593
annual conference for all existing council members.

4955
04:45:23,673 --> 04:45:26,253
So it didn't say for future council members.

4956
04:45:26,253 --> 04:45:30,573
So I feel even though we only have three months left,

4957
04:45:30,573 --> 04:45:34,113
but I put my heart and soul for serving our community,

4958
04:45:34,113 --> 04:45:40,713
I feel it's very always if there's a new legal update,

4959
04:45:41,613 --> 04:45:44,283
I would like to learn, I would definitely

4960
04:45:44,283 --> 04:45:48,210
think it's very helpful for me to doing my job.

4961
04:45:48,210 --> 04:45:51,244
And I'm actually ready to make a motion.

4962
04:45:51,244 --> 04:45:54,824
If you if you want to make a comment.

4963
04:45:54,824 --> 04:45:56,615
OK, go ahead.

4964
04:45:56,615 --> 04:45:59,364
I just like to say that some of us

4965
04:45:59,364 --> 04:46:01,456
have served on Policy Advisory committees.

4966
04:46:01,456 --> 04:46:06,300
I know again, as I have for I think 11 of the 12 years

4967
04:46:06,300 --> 04:46:09,843
I've been on council, we have met a lot of people,

4968
04:46:09,843 --> 04:46:11,853
learned a lot of things, and many of us

4969
04:46:11,853 --> 04:46:15,153
stay active in public service and some either as

4970
04:46:15,153 --> 04:46:17,343
a community member that comes forward

4971
04:46:17,343 --> 04:46:20,103
and the things we learn at these conferences

4972
04:46:20,103 --> 04:46:22,833
can carry us forward with that.

4973
04:46:22,833 --> 04:46:25,893
Also related to council policy, we

4974
04:46:25,893 --> 04:46:30,123
do have a policy related to how much is allocated for travel

4975
04:46:30,123 --> 04:46:32,283
and expenses for each of us each year,

4976
04:46:32,283 --> 04:46:34,563
and that is our determination to make.

4977
04:46:34,563 --> 04:46:36,573
There's a time and place to change that policy,

4978
04:46:36,573 --> 04:46:38,448
and I recommend that if a councilmember would

4979
04:46:38,448 --> 04:46:42,118
like to change it, that they bring it up as a council item

4980
04:46:42,118 --> 04:46:43,717
and have it considered later.

4981
04:46:43,717 --> 04:46:47,180
Some of us have gone to this conference many, many years.

4982
04:46:47,180 --> 04:46:49,737
And participated in in policy advisory committee meetings

4983
04:46:49,737 --> 04:46:53,300
in Southern California and in Northern California.

4984
04:46:53,300 --> 04:46:56,677
And we've never been put in an expense report

4985
04:46:56,677 --> 04:47:00,231
to have my reimbursement for the air travel

4986
04:47:00,231 --> 04:47:03,543
or the car drive or anything else.

4987
04:47:03,543 --> 04:47:06,333
So I just think that people should keep that in mind.

4988
04:47:06,333 --> 04:47:07,537
Thank you.

4989
04:47:07,537 --> 04:47:08,523
So no emotion.

4990
04:47:08,523 --> 04:47:10,923
Anyone from this motion.

4991
04:47:13,546 --> 04:47:20,404
I move to I'd like to move to designate our mayor as a voting

4992
04:47:20,404 --> 04:47:28,204
delegate and we need to up to two vice mayor as an alternate.

4993
04:47:28,507 --> 04:47:34,130
And I don't know allow you want to be the okay so we're just to.

4994
04:47:34,130 --> 04:47:36,238
That's what should be good enough

4995
04:47:36,238 --> 04:47:41,686
okay the second i'll second okay we have a motion in a second.

4996
04:47:41,686 --> 04:47:42,419
Second.

4997
04:47:42,419 --> 04:47:46,819
All in favor, please say I, I any opposed.

4998
04:47:46,819 --> 04:47:49,219
Any abstentions Oppose opposed.

4999
04:47:51,843 --> 04:47:54,603
So we have for one vote.

5000
04:47:54,603 --> 04:47:56,603
Thank you.

5001
04:47:57,573 --> 04:47:58,173
Okay.

5002
04:47:58,173 --> 04:48:01,435
Next up is the annual code update for 2026.

5003
04:48:01,435 --> 04:48:03,850
Mr. City Attorney.

5004
04:48:03,850 --> 04:48:03,910
So?

5005
04:48:03,910 --> 04:48:09,685
So I'll need to recuse myself for Will in a moment, but.

5006
04:48:09,685 --> 04:48:10,510
OK.

5007
04:48:10,510 --> 04:48:11,849
Let me.

5008
04:48:11,849 --> 04:48:12,775
Please.

5009
04:48:12,775 --> 04:48:16,480
And I'll and I'll explain what's happening.

5010
04:48:16,480 --> 04:48:21,123
So this item is the annual code update.

5011
04:48:21,123 --> 04:48:23,403
And tonight, all you are doing is

5012
04:48:23,403 --> 04:48:26,643
approving, giving us direction to bring forward

5013
04:48:26,643 --> 04:48:28,643
these code amendments.

5014
04:48:29,880 --> 04:48:30,213
You are not approving them.

5015
04:48:30,213 --> 04:48:32,163
Nothing in the code is changing as a result

5016
04:48:32,163 --> 04:48:34,353
of what you do tonight.

5017
04:48:34,353 --> 04:48:35,553
You will be telling us.

5018
04:48:35,553 --> 04:48:38,493
Yes, we think these are good things to bring forward.

5019
04:48:38,493 --> 04:48:40,978
The ones that affect the zoning code

5020
04:48:40,978 --> 04:48:42,603
We will take to the Planning Commission

5021
04:48:42,603 --> 04:48:44,686
and there will be a public hearing at the Planning

5022
04:48:44,686 --> 04:48:47,730
Commission and it will be there.

5023
04:48:47,730 --> 04:48:51,203
So I say all this tonight You should definitely tell us

5024
04:48:51,203 --> 04:48:52,953
if there are things on here that you think

5025
04:48:52,953 --> 04:48:56,733
are controversial and should not be included and proceed

5026
04:48:56,733 --> 04:48:57,573
on a separate track.

5027
04:48:57,573 --> 04:48:58,623
Tell us.

5028
04:48:58,623 --> 04:49:01,113
But you are not committing to vote yes

5029
04:49:01,113 --> 04:49:02,643
on what we bring forward.

5030
04:49:02,643 --> 04:49:07,563
So that's the overall that I want everyone to hear.

5031
04:49:07,563 --> 04:49:10,233
One of these items creates the possibility

5032
04:49:10,233 --> 04:49:13,473
of a conflict of interest for a commissioner for Councilmember

5033
04:49:13,473 --> 04:49:15,330
Fitzsimons.

5034
04:49:15,330 --> 04:49:20,433
It concerns the designation of the village zoning boundary

5035
04:49:20,833 --> 04:49:23,343
So she has indicated that she's going to recuse.

5036
04:49:23,343 --> 04:49:25,350
When you when somebody when a councilmember has

5037
04:49:25,350 --> 04:49:27,357
a conflict on part, they leave.

5038
04:49:27,357 --> 04:49:28,612
We discuss that part.

5039
04:49:28,612 --> 04:49:32,910
And then they can come back in and discuss all the other items

5040
04:49:32,910 --> 04:49:33,495
with you.

5041
04:49:33,495 --> 04:49:34,431
OK.

5042
04:49:34,431 --> 04:49:39,231
So don't go far And so we're going

5043
04:49:44,283 --> 04:49:47,883
to be talking about item 21, right

5044
04:50:01,300 --> 04:50:03,300
And so this item will get more attention than it

5045
04:50:03,300 --> 04:50:04,263
would otherwise, because I'm not going

5046
04:50:04,263 --> 04:50:05,703
to talk about each of them.

5047
04:50:05,703 --> 04:50:07,382
I will answer questions of you all.

5048
04:50:07,382 --> 04:50:11,583
But this item, we flagged this when we brought forward

5049
04:50:11,583 --> 04:50:16,383
the village design standards at the last minute,

5050
04:50:16,893 --> 04:50:20,283
we realized that there was a parcel that was cut in half

5051
04:50:20,283 --> 04:50:24,337
and so part of the parcel is in.

5052
04:50:24,337 --> 04:50:27,767
And part of the parcel was out and we have now

5053
04:50:27,767 --> 04:50:29,638
looked into that further and confirmed

5054
04:50:29,638 --> 04:50:31,821
that that is indeed the case.

5055
04:50:31,821 --> 04:50:35,583
And our proposing based on the characteristics of the parcel

5056
04:50:35,583 --> 04:50:42,183
that it be taken out and Cindy can say more Yes.

5057
04:50:46,303 --> 04:50:49,230
To this, according to this is this building

5058
04:50:49,230 --> 04:50:54,423
was developed in 1950 before the village design guidelines were

5059
04:50:54,723 --> 04:50:56,723
created.

5060
04:50:57,123 --> 04:50:59,430
It's two residential units.

5061
04:50:59,430 --> 04:51:01,830
It's there's no commercial on this property.

5062
04:51:01,830 --> 04:51:03,423
It's been that way for at least 30 years.

5063
04:51:03,423 --> 04:51:05,103
And the property owner would like

5064
04:51:05,103 --> 04:51:07,923
to be taken out of the boundary.

5065
04:51:07,923 --> 04:51:13,743
It's I do have a visual, but it's basically a two properties

5066
04:51:13,743 --> 04:51:15,633
in from Big basin.

5067
04:51:15,633 --> 04:51:18,393
And so if you're looking at the property,

5068
04:51:18,393 --> 04:51:23,643
you have resident X to the left and behind you

5069
04:51:23,643 --> 04:51:26,786
and then all, you know, all up and down oak

5070
04:51:26,786 --> 04:51:29,667
and then to the right, you have another residential unit

5071
04:51:29,667 --> 04:51:32,250
and then to the right of that, you

5072
04:51:32,250 --> 04:51:34,121
have a couple of small boutique commercial units

5073
04:51:34,121 --> 04:51:35,433
and then you have big basin.

5074
04:51:35,433 --> 04:51:39,698
We are happy to answer any questions that you have.

5075
04:51:39,698 --> 04:51:42,129
So, Cindy, is it on this?

5076
04:51:42,129 --> 04:51:44,103
You have a visual maybe that would help me.

5077
04:51:44,103 --> 04:51:47,991
Sorry Yeah, I thought I knew where it was.

5078
04:51:47,991 --> 04:51:49,409
And now I have lost.

5079
04:51:49,409 --> 04:51:56,609
That could be the hour, too OK, so it's the one that's

5080
04:52:03,873 --> 04:52:05,793
highlighted in red.

5081
04:52:05,793 --> 04:52:09,330
Big basin way is that at the top of this screen?

5082
04:52:09,330 --> 04:52:11,330
That's Fifth Street.

5083
04:52:11,163 --> 04:52:13,683
So those two that are highlighted and rather

5084
04:52:13,683 --> 04:52:17,793
the residential units And then if you go up the map,

5085
04:52:17,793 --> 04:52:21,333
you have another residential unit and then you continue going

5086
04:52:21,333 --> 04:52:26,253
towards the big basin, you have commercial and then all along

5087
04:52:26,253 --> 04:52:30,933
kind of the middle of the map is residential uses room 3,000

5088
04:52:30,933 --> 04:52:36,933
and it's a zoning for that So that's Fifth Street.

5089
04:52:39,353 --> 04:52:43,553
So yeah, so is the area behind 14 572.

5090
04:52:44,669 --> 04:52:48,208
That's One of our district parking lots.

5091
04:52:48,208 --> 04:52:49,810
Yes.

5092
04:52:49,810 --> 04:52:54,481
And 1455 72 is probably Darla close or no Fifth Street

5093
04:52:58,443 --> 04:52:59,803
So you have this is.

5094
04:52:59,803 --> 04:53:00,303
Yeah.

5095
04:53:00,303 --> 04:53:01,143
Big basin here.

5096
04:53:01,143 --> 04:53:02,751
You have commercial.

5097
04:53:02,751 --> 04:53:03,251
Commercial.

5098
04:53:03,251 --> 04:53:06,149
So this is in the boundary.

5099
04:53:06,149 --> 04:53:09,289
This is actually residential and it's actually zoned R on 3,000.

5100
04:53:09,289 --> 04:53:11,644
And then these are all are on 3,000.

5101
04:53:11,644 --> 04:53:13,738
And then if you continue going up,

5102
04:53:13,738 --> 04:53:17,399
it's R and 3,000 and I have another visual and that is

5103
04:53:17,399 --> 04:53:18,678
Gala's 14 5.

5104
04:53:18,678 --> 04:53:21,235
So yes, that's what I thought.

5105
04:53:21,235 --> 04:53:22,194
Thank you.

5106
04:53:22,194 --> 04:53:25,194
Yeah, I got it Okay.

5107
04:53:30,813 --> 04:53:34,293
So this was the original guidelines

5108
04:53:34,293 --> 04:53:36,363
before they were updated in 2019.

5109
04:53:36,363 --> 04:53:38,823
And you can see the parcel here.

5110
04:53:38,823 --> 04:53:45,423
And then in 2019, we added some new parcels into the boundary

5111
04:53:46,683 --> 04:53:49,893
and then this is where it looks like they tried

5112
04:53:49,893 --> 04:53:51,513
to make a nice pretty straight line

5113
04:53:51,513 --> 04:53:54,205
and they actually cut the property in half.

5114
04:53:54,205 --> 04:53:56,163
So half the properties in the boundary and half

5115
04:53:56,163 --> 04:53:57,683
is not within the boundary.

5116
04:53:57,683 --> 04:54:00,469
And so you can just kind of see that here.

5117
04:54:00,469 --> 04:54:02,496
And you can see the parking district.

5118
04:54:02,496 --> 04:54:04,160
I mean, the village.

5119
04:54:04,160 --> 04:54:07,616
I'm not in the village okay?

5120
04:54:08,673 --> 04:54:09,903
That's way clearer.

5121
04:54:09,903 --> 04:54:12,303
Thank you All right.

5122
04:54:13,623 --> 04:54:15,630
Yes.

5123
04:54:15,630 --> 04:54:19,263
So did the property owners ask you

5124
04:54:20,592 --> 04:54:25,812
to remove them or is that something you want to clean up?

5125
04:54:25,812 --> 04:54:29,291
The the property owners contacted us to notify us

5126
04:54:29,291 --> 04:54:30,628
of this discrepancy.

5127
04:54:30,628 --> 04:54:33,303
So that they're half and half out.

5128
04:54:33,303 --> 04:54:36,311
And then we put the we made it known

5129
04:54:36,311 --> 04:54:38,835
at that when we adopted the village design

5130
04:54:38,835 --> 04:54:41,457
standards that this would be coming back to you.

5131
04:54:41,457 --> 04:54:43,665
And subsequent conversations with the property owners

5132
04:54:43,665 --> 04:54:46,506
that they want to be taken out of the boundary

5133
04:54:46,506 --> 04:54:48,513
because they are resident uses.

5134
04:54:48,513 --> 04:54:50,763
So what is our zoning?

5135
04:54:50,763 --> 04:54:53,763
So the zoning is CH1 stage one.

5136
04:54:53,763 --> 04:54:54,513
OK.

5137
04:54:54,513 --> 04:54:55,638
Thank you.

5138
04:54:55,638 --> 04:55:00,322
And the zoning will become it doesn't have to change.

5139
04:55:00,322 --> 04:55:03,900
So it could be changed to armed 3,000 to be consistent with

5140
04:55:03,900 --> 04:55:05,930
what's happening adjacent.

5141
04:55:05,930 --> 04:55:07,180
But it doesn't have to change.

5142
04:55:07,180 --> 04:55:10,414
It is a nonconforming use and our non conforming ordinance

5143
04:55:10,414 --> 04:55:12,456
allows it to remain okay.

5144
04:55:12,456 --> 04:55:15,178
And what does it changing and what does

5145
04:55:15,178 --> 04:55:17,901
it allow them to do by right.

5146
04:55:17,901 --> 04:55:20,915
So basically, they would not be if so

5147
04:55:20,915 --> 04:55:23,443
if they wanted to demolish the residential unit

5148
04:55:23,443 --> 04:55:25,230
and rebuild something there.

5149
04:55:25,230 --> 04:55:27,551
If they're in the boundary, they need

5150
04:55:27,551 --> 04:55:32,351
to comply with the village design standard OK.

5151
04:55:33,545 --> 04:55:34,527
Yes.

5152
04:55:34,527 --> 04:55:36,527
Tina, So sorry.

5153
04:55:36,982 --> 04:55:41,793
Let our if not our room three, what else?

5154
04:55:41,793 --> 04:55:43,443
Because I'm understanding they want

5155
04:55:43,443 --> 04:55:46,653
to be out of the village or that sort of the way it's going.

5156
04:55:46,653 --> 04:55:49,230
I'm open to whatever makes sense.

5157
04:55:49,230 --> 04:55:51,303
Just trying to understand because it's half here.

5158
04:55:51,303 --> 04:55:52,413
Half there it is.

5159
04:55:52,413 --> 04:55:54,513
It is zoned CH1.

5160
04:55:54,513 --> 04:56:00,995
So you could, you could actually keep it in the boundary

5161
04:56:00,995 --> 04:56:03,176
And if it does get demolished, then it

5162
04:56:03,176 --> 04:56:05,358
would be subject to the village design standards.

5163
04:56:05,358 --> 04:56:08,751
It's already zoned C each one half of it to see each one.

5164
04:56:08,751 --> 04:56:09,720
Yes, ma'am.

5165
04:56:09,720 --> 04:56:10,653
What's the other half?

5166
04:56:10,653 --> 04:56:11,153
No, no.

5167
04:56:11,153 --> 04:56:13,143
The property is zoned C each one.

5168
04:56:13,143 --> 04:56:16,103
But the boundary is split.

5169
04:56:16,103 --> 04:56:18,603
I think they just wanted to make a nice little straight line

5170
04:56:18,603 --> 04:56:20,353
and they didn't really consider that there

5171
04:56:20,353 --> 04:56:23,353
was an actual parcel there.

5172
04:56:24,300 --> 04:56:27,243
So the property split, which means the parcel

5173
04:56:27,243 --> 04:56:28,503
is in two zones.

5174
04:56:28,503 --> 04:56:33,153
No, the parcels in one zone, the village line

5175
04:56:33,153 --> 04:56:35,793
is going basically it just drew a line

5176
04:56:35,793 --> 04:56:37,353
in the middle of the property, didn't

5177
04:56:37,353 --> 04:56:40,833
think about going to the around the property boundary.

5178
04:56:40,833 --> 04:56:43,460
They just drew a nice straight line

5179
04:56:43,460 --> 04:56:45,190
to make the map look straight.

5180
04:56:45,190 --> 04:56:46,428
Oh, I see.

5181
04:56:46,428 --> 04:56:46,992
OK.

5182
04:56:46,992 --> 04:56:47,555
Okay.

5183
04:56:47,555 --> 04:56:50,373
As such, the property is in the village,

5184
04:56:50,373 --> 04:56:52,623
but the line is not so either.

5185
04:56:52,623 --> 04:56:56,313
We clean up the map essentially for the village map,

5186
04:56:56,313 --> 04:57:00,183
or we remove the whole parcel out of the village.

5187
04:57:00,183 --> 04:57:01,563
Map is that borders.

5188
04:57:01,563 --> 04:57:04,651
So the parcel We should clean up the boundary

5189
04:57:04,651 --> 04:57:07,476
map whether we're going to keep it in the village boundary

5190
04:57:07,476 --> 04:57:08,247
or not.

5191
04:57:08,247 --> 04:57:10,450
It needs to be cleaned up.

5192
04:57:10,450 --> 04:57:10,559
OK.

5193
04:57:10,559 --> 04:57:13,540
Thank you I'm comfortable proceeding.

5194
04:57:13,540 --> 04:57:15,664
Do you need to motion for that?

5195
04:57:15,664 --> 04:57:16,461
For sure.

5196
04:57:16,461 --> 04:57:18,540
Go to any discussion on.

5197
04:57:18,540 --> 04:57:20,835
Yes, I need a motion on this one item.

5198
04:57:20,835 --> 04:57:23,430
So that when Councilmember Fitzsimons comes back this

5199
04:57:23,430 --> 04:57:24,353
is resolved.

5200
04:57:24,353 --> 04:57:25,353
A question.

5201
04:57:25,353 --> 04:57:28,803
Does this have to be annual code update or does

5202
04:57:28,803 --> 04:57:31,893
that you could say this is too controversial.

5203
04:57:31,893 --> 04:57:33,373
We want it handled separately.

5204
04:57:33,373 --> 04:57:34,715
And that's fine.

5205
04:57:34,715 --> 04:57:38,700
The one thing I'll say is, again, you

5206
04:57:38,700 --> 04:57:40,753
will have the opportunity to discuss it.

5207
04:57:40,753 --> 04:57:44,159
And part of our goal is with the annual code

5208
04:57:44,159 --> 04:57:48,210
update is every time we do an ordinance separately,

5209
04:57:48,210 --> 04:57:49,953
it takes more time.

5210
04:57:49,953 --> 04:57:54,540
And staff is doing a separate staff report There's

5211
04:57:54,540 --> 04:57:56,131
a separate public hearing.

5212
04:57:56,131 --> 04:57:59,456
There's notice that the separate public hearing.

5213
04:57:59,456 --> 04:58:02,780
So we just leave it at that.

5214
04:58:02,780 --> 04:58:04,270
Thank you.

5215
04:58:04,270 --> 04:58:05,733
OK Motion.

5216
04:58:05,733 --> 04:58:07,392
I thought I made one.

5217
04:58:07,392 --> 04:58:09,930
And to approve the staff recommendation,

5218
04:58:09,930 --> 04:58:10,983
you moved to approve public comment?

5219
04:58:10,983 --> 04:58:12,783
Oh, I'm sorry.

5220
04:58:12,783 --> 04:58:15,838
I apologize if there's any member of the public who'd

5221
04:58:15,838 --> 04:58:17,723
like to speak on this item.

5222
04:58:17,723 --> 04:58:21,224
Now, it'd be a great time to come down to the podium

5223
04:58:21,224 --> 04:58:22,840
or raise your virtual hand.

5224
04:58:22,840 --> 04:58:23,379
See?

5225
04:58:23,379 --> 04:58:25,961
No virtual hands and no one in the chambers

5226
04:58:25,961 --> 04:58:27,253
will close the public comment.

5227
04:58:27,253 --> 04:58:27,753
Period.

5228
04:58:27,753 --> 04:58:29,133
Why am I like that thing?

5229
04:58:29,133 --> 04:58:34,182
Oh, we had a lot of public comment, which was good OK,

5230
04:58:34,182 --> 04:58:35,760
so we've got a motion.

5231
04:58:35,760 --> 04:58:38,391
Oh no, we've got a motion coming and we've

5232
04:58:38,391 --> 04:58:40,496
got a I'll move to approve the staff

5233
04:58:40,496 --> 04:58:43,833
recommendation on item 21 of the village of the code update.

5234
04:58:43,833 --> 04:58:44,798
Second.

5235
04:58:44,798 --> 04:58:46,173
And we got a motion and a second.

5236
04:58:46,173 --> 04:58:48,423
I just like to say I hope that when this is considered

5237
04:58:48,423 --> 04:58:50,313
by the Planning Commission, they consider

5238
04:58:50,313 --> 04:58:53,583
the ramifications of this change because there

5239
04:58:53,583 --> 04:58:56,309
could be some changes to the way a building is developed.

5240
04:58:56,309 --> 04:58:57,960
And what it looks like.

5241
04:58:57,960 --> 04:59:00,162
And it's really close to our village.

5242
04:59:00,162 --> 04:59:02,364
I just say leave it at that.

5243
04:59:02,364 --> 04:59:04,842
And hopefully they take care of the rest.

5244
04:59:04,842 --> 04:59:10,383
All those in favor please say I, I opposed and no one abstains.

5245
04:59:10,383 --> 04:59:11,733
We're good to go.

5246
04:59:11,733 --> 04:59:12,243
Thank you.

5247
04:59:12,243 --> 04:59:14,243
Motion carries unanimously.

5248
04:59:15,333 --> 04:59:21,933
Come on down so as to the rest of the items,

5249
04:59:26,185 --> 04:59:28,713
I am not going to go through them one by one.

5250
04:59:28,713 --> 04:59:31,923
But if you have questions, I am happy to answer them.

5251
04:59:31,923 --> 04:59:34,323
Tina, Question for number.

5252
04:59:35,193 --> 04:59:41,476
I believe it's Five for or under that same advisory agency

5253
04:59:41,476 --> 04:59:43,476
for subdivision approval.

5254
04:59:44,288 --> 04:59:45,694
Yeah.

5255
04:59:45,694 --> 04:59:48,900
There the amendment would authorize the community

5256
04:59:48,900 --> 04:59:52,176
development Director to approve tentative maps and parcel

5257
04:59:52,176 --> 04:59:55,453
maps of four parcels off your resistance.

5258
04:59:55,453 --> 04:59:58,541
I can understand the need, but this one.

5259
04:59:58,541 --> 05:00:01,516
I'm just wondering if this should be discussed separately.

5260
05:00:01,516 --> 05:00:03,302
It's a slightly larger issue.

5261
05:00:03,302 --> 05:00:05,385
This is not a clean up.

5262
05:00:05,385 --> 05:00:08,973
Think this is versus the one that we discussed a few minutes.

5263
05:00:08,973 --> 05:00:09,813
It is up.

5264
05:00:09,813 --> 05:00:11,223
It is up.

5265
05:00:11,223 --> 05:00:11,733
Excuse me.

5266
05:00:11,733 --> 05:00:12,785
It is up to council.

5267
05:00:12,785 --> 05:00:17,430
My thinking in presenting it to you as cleanup

5268
05:00:17,430 --> 05:00:21,513
is that it does not take away any of the existing process.

5269
05:00:21,513 --> 05:00:26,130
If there is public concern because all the noticing is

5270
05:00:26,130 --> 05:00:30,669
the same It's the community development director would

5271
05:00:30,669 --> 05:00:32,895
basically have a hearing just the way

5272
05:00:32,895 --> 05:00:36,289
the planning commission has a hearing would make the decision.

5273
05:00:36,289 --> 05:00:38,539
And then the community development director's decision

5274
05:00:38,539 --> 05:00:40,487
could be appealed to the city council

5275
05:00:40,487 --> 05:00:43,826
or to the planning Commission and then to the city Council.

5276
05:00:43,826 --> 05:00:46,520
So if there was a project there where

5277
05:00:46,520 --> 05:00:47,443
there was community concern.

5278
05:00:47,443 --> 05:00:50,403
And they didn't like what staff did,

5279
05:00:50,403 --> 05:00:52,323
it would go to the Planning Commission

5280
05:00:52,323 --> 05:00:54,393
just as it would today.

5281
05:00:54,393 --> 05:00:56,803
But if it's noncontroversial, it wouldn't

5282
05:00:56,803 --> 05:00:58,530
go to the Planning Commission.

5283
05:00:58,530 --> 05:00:59,584
So follow up question.

5284
05:00:59,584 --> 05:01:03,566
Yes So this one says only appeal to the planning Commission,

5285
05:01:03,566 --> 05:01:05,662
but you're saying it can be further done

5286
05:01:05,662 --> 05:01:09,670
the way our code is structured, it would go on further.

5287
05:01:09,670 --> 05:01:09,591
Yes.

5288
05:01:09,591 --> 05:01:10,115
OK.

5289
05:01:10,115 --> 05:01:11,883
Then that saves time and simplifies

5290
05:01:11,883 --> 05:01:13,773
the process, streamlines the process.

5291
05:01:13,773 --> 05:01:17,493
And if one person makes a decision that people disagree,

5292
05:01:17,493 --> 05:01:20,553
then they go through seven member PC and five members.

5293
05:01:20,553 --> 05:01:22,553
Okay, great Thanks.

5294
05:01:24,303 --> 05:01:26,703
I had a question.

5295
05:01:27,333 --> 05:01:29,943
This isn't listed here, but there's

5296
05:01:29,943 --> 05:01:33,453
a lot of conversation these days about data centers

5297
05:01:33,453 --> 05:01:37,713
with where in our code are zones where the data is be eligible

5298
05:01:37,713 --> 05:01:43,113
for, for example, you know, industrial commercial if that's

5299
05:01:43,863 --> 05:01:47,823
a big question to answer on the fly,

5300
05:01:47,823 --> 05:01:51,633
our code says that if our code does not permit something,

5301
05:01:51,633 --> 05:01:55,863
it is not allowed So you have to explicitly name the use for it

5302
05:01:55,863 --> 05:01:57,303
to be allowed.

5303
05:01:57,303 --> 05:02:02,103
So a data center, well what would happen?

5304
05:02:03,656 --> 05:02:05,705
There wouldn't be any lawyer involved.

5305
05:02:05,705 --> 05:02:08,925
The data center would ask I to look at our code

5306
05:02:08,925 --> 05:02:12,437
and say, how can I build a data center there?

5307
05:02:12,437 --> 05:02:14,135
And then they would apply.

5308
05:02:14,135 --> 05:02:16,360
And we spend a lot of time.

5309
05:02:16,360 --> 05:02:19,141
And then they'd hire a lawyer and a lawyer would

5310
05:02:19,141 --> 05:02:21,880
say, What were you thinking?

5311
05:02:21,880 --> 05:02:22,756
That's just a little editorial.

5312
05:02:22,756 --> 05:02:25,653
But so my guess is that they would not

5313
05:02:25,653 --> 05:02:27,393
be allowed in Saratoga.

5314
05:02:27,393 --> 05:02:30,693
But I can look into it more closely

5315
05:02:30,693 --> 05:02:32,572
and let you know offline if I thought

5316
05:02:32,572 --> 05:02:33,869
residents are open to it.

5317
05:02:33,869 --> 05:02:36,360
For a fellow council member is open to us explicitly

5318
05:02:36,360 --> 05:02:38,417
looking into what a provision would look like for not having

5319
05:02:38,417 --> 05:02:39,625
data centers that's separate.

5320
05:02:39,625 --> 05:02:41,664
That is that, you know, it's a separate

5321
05:02:41,664 --> 05:02:44,149
and but we can add things right to the you

5322
05:02:44,149 --> 05:02:46,413
can add things I would say that's goes

5323
05:02:46,413 --> 05:02:47,413
beyond noncontroversial.

5324
05:02:47,413 --> 05:02:49,489
OK all right there for sure.

5325
05:02:49,489 --> 05:02:50,830
Okay.

5326
05:02:50,830 --> 05:02:50,676
OK.

5327
05:02:50,676 --> 05:02:51,566
All right.

5328
05:02:51,566 --> 05:02:54,759
They're happy to drop that thing for not for this.

5329
05:02:54,759 --> 05:02:55,318
Gotcha.

5330
05:02:55,318 --> 05:02:55,876
OK.

5331
05:02:55,876 --> 05:02:57,552
Any other questions of staff?

5332
05:02:57,552 --> 05:02:58,110
OK.

5333
05:02:58,110 --> 05:02:59,786
I'll open the public comment period

5334
05:02:59,786 --> 05:03:02,190
and ask any member of the public that's

5335
05:03:02,190 --> 05:03:05,883
here in chambers to come on down or if you're watching us

5336
05:03:05,883 --> 05:03:07,773
remotely or on your telephone, please

5337
05:03:07,773 --> 05:03:12,573
raise your virtual hand or press star, whatever.

5338
05:03:12,783 --> 05:03:15,930
So no one will close the public comment period

5339
05:03:15,930 --> 05:03:20,780
and bring it back to council for motion or comments on a motion.

5340
05:03:20,780 --> 05:03:23,218
I support staff recommend motion.

5341
05:03:23,218 --> 05:03:27,743
Is that a motion Yeah, I think that was a motion.

5342
05:03:27,743 --> 05:03:30,423
A motion framed as well.

5343
05:03:30,423 --> 05:03:30,933
How are we?

5344
05:03:30,933 --> 05:03:33,933
We want motion the second.

5345
05:03:33,993 --> 05:03:39,813
All in favor, please say i I any oppose any abstentions motion

5346
05:03:39,813 --> 05:03:41,813
carries unanimously.

5347
05:03:41,853 --> 05:03:43,853
Thank you.

5348
05:03:44,730 --> 05:03:48,199
Next up is council assignments and below.

5349
05:03:48,199 --> 05:03:50,212
And we start with you.

5350
05:03:50,212 --> 05:03:52,561
And I have nothing to report.

5351
05:03:52,561 --> 05:03:53,567
All right?

5352
05:03:53,567 --> 05:03:56,253
Yeah, I have two meeting to report

5353
05:03:56,253 --> 05:04:01,530
First one is the VTA Policy Advisory meeting.

5354
05:04:03,230 --> 05:04:03,813
You know what?

5355
05:04:03,813 --> 05:04:07,530
I don't think I have anything to report on that one.

5356
05:04:07,530 --> 05:04:11,853
The second one I attended it as late

5357
05:04:12,453 --> 05:04:17,853
as West Valley Sanitation District for the direct meeting.

5358
05:04:18,163 --> 05:04:21,110
And i can report that I don't think I have

5359
05:04:21,110 --> 05:04:22,533
anything important to report.

5360
05:04:22,533 --> 05:04:24,540
All right, great.

5361
05:04:24,540 --> 05:04:24,967
Thank you.

5362
05:04:24,967 --> 05:04:27,705
Nothing new to report, right, Tina?

5363
05:04:27,705 --> 05:04:28,618
3 meetings.

5364
05:04:28,618 --> 05:04:30,250
Okay Sorry.

5365
05:04:30,250 --> 05:04:31,713
3 meetings to report.

5366
05:04:31,713 --> 05:04:34,750
Citizen Association of Santa Clara County.

5367
05:04:34,750 --> 05:04:36,438
The executive committee meeting July 30.

5368
05:04:36,438 --> 05:04:38,125
Nothing to report there.

5369
05:04:38,125 --> 05:04:42,256
The legislative action Committee meeting on August 13.

5370
05:04:42,256 --> 05:04:44,892
We discussed some bills and recommended them

5371
05:04:44,892 --> 05:04:47,529
to the board meeting that night.

5372
05:04:47,529 --> 05:04:50,147
The third meeting is the city's Association

5373
05:04:50,147 --> 05:04:53,819
of Santa Clara County Board meeting on August 13.

5374
05:04:53,819 --> 05:04:58,226
And good news, we have a new interim executive director.

5375
05:04:58,226 --> 05:05:01,713
The name is Pamela Root Secondly,

5376
05:05:01,713 --> 05:05:05,103
the I had a study session on e-bikes

5377
05:05:05,103 --> 05:05:08,613
that has been an issue in multiple cities in the county.

5378
05:05:08,613 --> 05:05:12,273
And thirdly we had a guest presenting motion